UNITED STATES v. 484 BAGS, MORE OR LESS

No. 27781.

423 F.2d 839 (1970)

UNITED STATES of America, Plaintiff-Appellant, v. 484 BAGS, MORE OR LESS, etc., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 17, 1970.


Attorney(s) appearing for the Case

Louis C. La Cour, U. S. Atty., Joan E. Chauvin, Asst. U. S. Atty., New Orleans, La., for appellant, William W. Goodrich, Asst. Atty. Gen., Joanne S. Sisk, Jeffrey B. Springer, Attys., Dept. of Health, Education and Welfare, Washington, D. C., of counsel.

John B. Gooch, Jr., New Orleans, La., George A. McKray, San Francisco, Cal., for appellee.

Before JONES, BELL and GODBOLD, Circuit Judges.


GODBOLD, Circuit Judge:

This case concerns whether molded green coffee is adulterated, within the meaning of the Food, Drug and Cosmetic Act, 21 U.S.C. § 342(a) (3). These 484 bags of coffee beans have been the subject of this litigation for more than four years.

The coffee was imported from Brazil, admitted to the United States, and stored in a warehouse in New Orleans. Three or four days after arrival in September, 1965 it was damaged by water during...

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