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UNITED STATES v. "CAL'S TUPELO BLOSSOM U.S. FANCY PURE HONEY"

No. 15845.

344 F.2d 288 (1965)

UNITED STATES of America, Libelant-Appellee, v. Articles of drug in the following locations and consisting of: Detroit, 1454 Broadway — 250 JARS and/or tins variously labeled in part: "CAL'S TUPELO BLOSSOM U.S. FANCY PURE HONEY" . . . Cal T. Albritton, Tallahassee, Fla. Net Wt. 1 Lb. . . . etc., and Detroit Vital Foods, Inc., Claimant-Appellant.

United States Court of Appeals Sixth Circuit.

April 22, 1965.

Attorney(s) appearing for the Case

Solomon Friend, New York City, for appellant, Bass & Friend, New York City, on the brief.

Paul D. Borman, Detroit, Mich., for appellee, Herbert J. Miller, Asst. Atty. Gen., Washington, D. C., Lawrence Gubow, U. S. Atty., Milton J. Trumbauer, Jr., Asst. U. S. Atty., Detroit, Mich., on the brief, William W. Goodrich, Asst. Gen. Counsel for Food and Drugs, Joanne S. Sisk, Atty., U. S. Dept. of Health, Education and Welfare, Washington, D. C., of counsel.

Before EDWARDS, Circuit Judge, WEINMAN, District Judge, and McALLISTER, Senior Circuit Judge.

McALLISTER, Senior Circuit Judge.

The United States brought a libel proceeding for the condemnation, under Section 304(a) of the Federal Food, Drug and Cosmetic Act, as amended, Title 21, U.S.C.A. § 334(a) of a quantity of allegedly misbranded honey, sold by claimant-appellant at one of its stores located in Detroit, Michigan.

Upon stipulated facts, and after argument, the District Court entered an order of condemnation...

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