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  5. 395 F.Supp. 1184 (1975)
 

UNITED STATES v. AN ARTICLE OF FOOD, ETC.

Nos. 71 Civ. 3031, 71 Civ. 3034, and 71 Civ. 3035.

395 F.Supp. 1184 (1975)

UNITED STATES of America, Plaintiff, v. AN ARTICLE OF FOOD CONSISTING OF CARTONS OF SWORDFISH, Defendant. UNITED STATES of America, Plaintiff, v. ARTICLE OF FOOD CONSISTING OF VARIOUS QUANTITIES OF SWORDFISH, Defendant. UNITED STATES of America, Plaintiff, v. AN ARTICLE OF FOOD . . . LABELED IN PART "ERIC FROZEN SWORDFISH CHUNKS", Defendant.

United States District Court, S. D. New York.

June 3, 1975.

Attorney(s) appearing for the Case

Taggart Adams, Asst. U. S. Atty., New York City, for the United States.

Berman & Klein, New York City, for defendants.

MEMORANDUM

STEWART, District Judge:

Plaintiff has moved for summary judgment in each of the above three in rem actions which were instituted pursuant to the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 301 et seq. The defendants are dead swordfish. Each action is substantially the same except for the identity of the defendant and each will be treated similarly for purposes of this motion.

The government alleges that...

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