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UNITED STATES v. CAPITAL CITY FOODS, INC.

Crim. No. 638.

345 F.Supp. 277 (1972)

UNITED STATES of America, Plaintiff, v. CAPITAL CITY FOODS, INC., a corporation, trading as Schultz Creamery, and John Schultz, an individual, Defendants.

United States District Court, D. North Dakota, Southwestern Division.

July 12, 1972.

Attorney(s) appearing for the Case

David Peterson, Asst. U. S. Atty., Bismarck, N. D., Richard A. Shupack, Robert Wilmoth, Food and Drug Administration, Washington, D. C., for plaintiff.

Leonard H. Bucklin, Zuger, Bucklin & Zuger, Bismarck, N. D., for defendants.

MEMORANDUM AND DECISION

VAN SICKLE

This is a criminal prosecution by information, based on a claimed violation of 21 U.S.C. § 301 et seq. (The Federal Food, Drug and Cosmetic Act).

Specifically, the defendants are charged with having introduced, or delivered for introduction, into interstate commerce, food that was adulterated (21 U.S.C. § 331(a)). The food is claimed to be adulterated because it consisted in part of a filthy substance...

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