UNITED STATES v. HAMMOND MILLING CO.

No. 26979.

413 F.2d 608 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. HAMMOND MILLING CO., a corporation, et al., Defendants-Appellants.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 27, 1969.


Attorney(s) appearing for the Case

E. David Rosen, Miami, Fla, for appellants.

William A. Meadows, Jr., U. S. Atty., William A. Daniel, Jr., Asst. U. S. Atty., Miami, Fla., for appellee; William W. Goodrich, Asst. Gen. Counsel, Joanne S. Sisk, Eugene M. Pfeifer, Atty., Dept. of Health, Education and Welfare, Washington, D. C., of counsel.

Before WISDOM and MORGAN, Circuit Judges, and DAVIS, Judge of the U. S. Court of Claims.


LEWIS R. MORGAN, Circuit Judge.

This is an appeal by Hammond Milling Company and R. H. Hammond, Sr., from a judgment and commitment entered September 13, 1968, in the United States District Court for the Southern District of Florida. The lower Court, after a non-jury trial, determined that both defendants were guilty of violations of Title 21, United States Code, Sections 331(k), 342(a) (3) and 342(a) (4),1 and fined

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