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UNITED STATES v. GENERAL FOODS CORP.

No. 77-CV-456.

446 F.Supp. 740 (1978)

UNITED STATES of America, Plaintiff, v. GENERAL FOODS CORPORATION, a corporation, and Ross Barzelay, Edward R. Fencl, David E. James, and James W. Beno, Individuals, Defendants.

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

February 9, 1978.

Attorney(s) appearing for the Case

Paul V. French, U. S. Atty., Syracuse, N. Y., for plaintiff; Joseph R. Mathews, Asst. U.S. Atty., Syracuse, N. Y., Food and Drug Administration, Richard M. Cooper, Chief Counsel, Robert P. Bardy, Associate Chief Counsel for Enforcement, Michael R. Taylor, Asst. Chief Counsel for Enforcement, Rockville, Md., of counsel.

Burditt & Calkins, Chicago, Ill., for defendants; George M. Burditt, Arnold Kanter, Chicago, Ill., Bond, Schoeneck & King, James E. Wilber, John J. Dee, Syracuse, N. Y., General Foods Corp., Murray D. Sayer, House Counsel, White Plains, N. Y., of counsel.

DECISION

MUNSON, District Judge.

This is an action commenced by the United States, through the Food and Drug Administration (F.D.A.), for violation of section 301 of the Food, Drug, and Cosmetic Act, 21 U.S.C. § 3311; jurisdiction being alleged under section 302 of that Act, 21 U.S.C. § 332.2 The Government is primarily seeking to enjoin the shipment of frozen, french-style green beans

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