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UNITED STATES v. SEVEN CARTONS, MORE OR LESS, ETC.

No. 17525.

424 F.2d 1364 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. SEVEN CARTONS, MORE OR LESS, Each Containing 12 Bags, Labeled in Part (Carton): "FERRO-LAC SWINE FORMULA CONCENTRATE," etc., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

April 15, 1970.

Attorney(s) appearing for the Case

O. J. Taylor, Springfield, Mo., Richard E. Quinn, Peoria, Ill., Neale, Newman, Bradshaw & Freeman, Springfield, Mo., Cassidy, Cassidy, Quinn & Lindholm, Peoria, Ill., for appellant.

Frank J. Violanti, U. S. Atty., Springfield, Ill., John C. Young, Dept. of Health, Education & Welfare, Washington, D. C., Max J. Lipkin, Peoria, Ill., Richard E. Eagleton, U. S. Atty., William W. Goodrich, Asst. Gen. Counsel, of counsel, for appellee.

Before KNOCH, Senior Circuit Judge, FAIRCHILD, Circuit Judge, and GRANT, District Judge.

PER CURIAM.

The United States seized seven cartons of Ferro-Lac, alleging in a libel that the Ferro-Lac was unlawfully shipped by reason of (1) its being a new drug, (2) its containing unsafe food additives, and (3) its being misbranded. Claimant, Naremco, Inc., concedes that a finding in favor of the government on any one of the three charges is sufficient to result in condemnation of the product.

The district court, on motion for summary judgment, decided...

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