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COWETA WAREHOUSE & GIN COMPANY v. UNITED STATES

No. 24241.

380 F.2d 6 (1967)

COWETA WAREHOUSE & GIN COMPANY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

June 26, 1967.

Attorney(s) appearing for the Case

Millard C. Farmer, Jr., pro se.

Ben Hardeman, U. S. Atty., Montgomery, Ala., for appellee.

Before COLEMAN and AINSWORTH, Circuit Judges, and CARSWELL, District Judge.

PER CURIAM:

This appeal is from an order granting the United States a summary judgment. We vacate and remand for further proceedings.

This libel was for condemnation of certain cotton seed under 7 U.S.C. § 1595.1 It was alleged that about March 8, 1966, there were shipped from Marietta, Georgia to Hurtsboro, Alabama, 35 or more bags of cotton seed, Lot #761, that attached to these bags were labels showing the number of noxious...

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