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UNITED STATES v. THRIFTIMART, INC.

No. 23485.

429 F.2d 1006 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. THRIFTIMART, INC., a corporation, dba Smart & Final Iris Co., Gil P. Stewart, Wm. Todd, Sr., and Robert D. Jensen, individuals, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied August 3, 1970.

Attorney(s) appearing for the Case

William J. Currer, Jr. (argued), Los Angeles, Cal., for defendants-appellants.

Howard B. Frank (argued), Asst. U. S. Atty., Wm. Matthew Byrne, Jr., U. S. Atty., Robt. L. Brosio, Chief, Criminal Division, Los Angeles, Cal., Arthur A. Dickerman, Dept. of Health, Education and Welfare, Los Angeles, Cal., for plaintiff-appellee.

Before MERRILL and TRASK, Circuit Judges, and PENCE, District Judge.

MERRILL, Circuit Judge:

Appellants have been convicted of violations of the Federal Food, Drug & Cosmetic Act, 21 U.S.C. § 331(k) and § 333(a).1 Upon inspection, food in four company warehouses had been found to be infested with insects. Appellant Stewart was supervisor of all company cash and carry wholesale warehouses. Appellants Todd and Jensen were managers of two of the warehouses...

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