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UNITED STATES v. FOOD FAIR STORES, INC.

No. 27173 Summary Calendar.

417 F.2d 62 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. FOOD FAIR STORES, INC., Defendant-Appellant.

United States Court of Appeals Fifth Circuit.

September 30, 1969.

Attorney(s) appearing for the Case

Arnold D. Schatzman, Alfred Aronovitz, Aronovitz, Aronovitz & Haverfield, Miami, Fla., for defendant-appellant.

Edward F. Boardman, U. S. Atty., Jacksonville, Fla., Alan S. Rosenthal, Norman G. Knopf, Attys., Dept. of Justice, Washington, D. C., William D. Ruckelshaus, Asst. Atty. Gen., for plaintiff-appellee.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

GEWIN, Circuit Judge:

The Government brought this civil action pursuant to paragraph 3 of section 1 of the Elkins Act, 49 U.S.C. § 41(3) (1964),1 in the United States District Court for the Middle District of Florida to recover monetary penalties from appellant Food Fair Stores, Inc., a shipper in interstate commerce.2 It alleged that Food Fair had knowingly received a valuable consideration in the form...

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