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UNITED STATES v. 119 CASES, MORE OF LESS, ETC.

No. 101-62-M-Civ-EC.

231 F.Supp. 551 (1963)

UNITED STATES of America, Libelant, v. 119 CASES, MORE OR LESS, each containing 12 Bags of an Article Labeled in Part: * * * (Tampa Seizure): and 449 Cases, more or less, each containing 12 Bags of an Article Labeled in Part: * * * (Jacksonville Seizure): "NEW DEXTRA BRAND FORTIFIED CANE SUGAR * * *"

United States District Court S. D. Florida.

February 21, 1963.

Attorney(s) appearing for the Case

Herbert J. Miller, Jr., Asst. Atty. Gen., Washington, D. C., Thomas J. O'Leary, Atty. Dept. of Justice, Washington, D. C., and William A. Meadows Jr., U. S. Atty., Miami, Fla., for libelant.

Arnold, Fortas & Porter, Thurman Arnold and Stuart Land, Washington, D. C., Fowler, White, Gillen, Humkey & Trenam, Cody Fowler and Walter Humkey, Miami, Fla., for claimant.

CHOATE, District Judge.

1. This is a civil action in rem arising under Section 304 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 334.

2. The United States, Libelant herein, instituted this consolidated action by the filing of a Libel of Information at Jacksonville, Florida alleging that 449 cases, more or less, of an article of food labeled in part "New Dextra Brand Fortified Cane Sugar," had been shipped in interstate commerce from...

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