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UNITED STATES v. DETROIT VITAL FOODS, INC.

No. 15287.

330 F.2d 78 (1964)

UNITED STATES of America, Libelant-Appellee, v. DETROIT VITAL FOODS, INC., Claimant-Appellant.

United States Court of Appeals Sixth Circuit.

March 31, 1964.

Attorney(s) appearing for the Case

Milton A. Bass, New York City, Bass & Friend, New York City, on brief, for appellant.

William R. Pendergast, Washington, D. C., Herbert J. Miller, Asst. Atty. Gen., Lawrence Gubow, U. S. Atty., Milton J. Trumbauer, Jr., Asst. U. S. Atty., Detroit, Mich., on brief; Harold W. Horowitz, Associate General Counsel, Joanne S. Sisk, Attorney, Department of Health, Education and Welfare, Washington, D. C., of counsel, for appellee.

Before MILLER and CECIL, Circuit Judges, and McALLISTER, Senior Circuit Judge.

McALLISTER, Senior Circuit Judge.

The government filed a Libel of Information under the Federal Food, Drug and Cosmetic Act (21 U.S.C.A. § 301 et seq.), alleging that articles in the possession of Detroit Vital Foods, Inc., and known as "Michigan Brand Korleen Tablets" and "Lelord Kordel's `Frutex' Fruit Salad and Vital Foods * * * `Frutex' Fruit Salad" were drugs which were misbranded while held for sale after shipment in interstate commerce.

The Libel...

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