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UNITED STATES v. AN ARTICLE OF FOOD, ETC.

No. 78 Civ. 3090-CLB.

477 F.Supp. 1185 (1979)

UNITED STATES of America, Plaintiff, v. AN ARTICLE OF FOOD CONSISTING OF 12 BARRELS, MORE OR LESS. LABELED IN PART: (BARREL) LUMPFISH ROE 100 KG NET COLORED BLACK, Defendant.

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

September 28, 1979.

Attorney(s) appearing for the Case

Robert B. Fiske, Jr., U. S. Atty., Southern District of New York by Kent T. Stauffer, Asst. U. S. Atty., New York City, for plaintiff.

Arnold J. Kaplan, New York City, for defendant.

FINDINGS AND CONCLUSIONS

BRIEANT, District Judge.

Plaintiff in this action, the United States of America, seized 12 barrels of lumpfish roe, referred to during the trial as "caviar," pursuant to the provisions of the Federal Food, Drug and Cosmetic Act (hereinafter "the Act"), 21 U.S.C. § 334. The complaint, filed July 10, 1978, alleges that the seized lumpfish roe constitutes an adulterated food held for sale after shipment in interstate commerce within...

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