AKIN DISTRIBUTORS OF FLORIDA, INC. v. UNITED STATES

No. 25510.

399 F.2d 306 (1968)

AKIN DISTRIBUTORS OF FLORIDA, INC., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied December 11, 1968.


Attorney(s) appearing for the Case

Lawrence A. G. Johnson, Tulsa, Okl., for appellant.

Samuel S. Forman, Asst. U. S. Atty., Jacksonville, Fla., for appellee.

Before AINSWORTH and SIMPSON, Circuit Judges, and SINGLETON, District Judge.


PER CURIAM:

Akin, a wholesale food distributor, was convicted in a non-jury trial on all counts of a four-count information charging that appellant had received foods and allowed same to become adulterated within the meaning of Title 21 U.S.C. § 342(a) (3) and (4), after such foods had been shipped in interstate commerce, in violation of Title 21 U.S.C. § 331(k).

Appellant's first contention that the four counts of the information were duplicitous...

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