UNITED STATES v. 119 CASES, MORE OR LESS

No. 20679.

334 F.2d 238 (1964)

UNITED STATES of America, Appellant, v. 119 CASES, MORE OR LESS, ET AL., Appellees.

United States Court of Appeals Fifth Circuit.

July 9, 1964.


Attorney(s) appearing for the Case

William W. Goodrich, Asst. General Counsel, William E. Brennan, Nancy N. Keefe, Attorneys, Department of Health, Education, and Welfare, Washington, D. C., Herbert J. Miller, Jr., Asst. Atty. Gen., William A. Meadows, Jr., U. S. Atty., Miami, Fla., Thomas H. O'Leary, Attorney, Department of Justice, Washington, D. C., Aaron A. Foosaner, Asst. U. S. Atty., Miami, Fla., for appellant.

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

Before TUTTLE, Chief Judge, WISDOM, Circuit Judge, and McRAE, District Judge.


PER CURIAM:

This case on appeal presents a very narrow issue. Brought under Section 304 of the Federal Food and Cosmetic Act, 21 U.S.C.A. § 334, the litigation was commenced by a seizure of certain cases of Dextra Brand Sugar. The sugar was alleged to have been misbranded within the meaning of Section 403(a) of the Act, 21 U.S.C.A. § 343(a), in that its label contained statements which were false or misleading....

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