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UNITED STATES v. CERTIFIED GROCERS CO-OP.

No. 76-1112.

546 F.2d 1308 (1976)

UNITED STATES of America, Plaintiff-Appellant, v. CERTIFIED GROCERS CO-OP, a corporation et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided December 28, 1976.

Attorney(s) appearing for the Case

Edward E. Lawson, Jr., Atty., App. Section, U.S. Dept. of Justice, Washington, D.C., David C. Mebane, U.S. Atty., Madison, Wis., for plaintiff-appellant.

Bradway A. Liddle, Jr., Claude J. Covelli, Madison, Wis., for defendants-appellees.

Before CASTLE, Senior Circuit Judge, TONE, Circuit Judge, and KUNZIG, Judge.

TONE, Circuit Judge.

In this food-adulteration prosecution under the Federal Food, Drug and Cosmetic Act, 21 U.S.C. §§ 301 et seq., the government appeals under 18 U.S.C. § 3731 from a judgment of acquittal entered after a bench trial. The defendants, relying upon that section's provision that "no appeal shall lie where the double jeopardy clause of the United States Constitution prohibits further prosecution," have moved to dismiss the appeal...

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