No. 77-5811.

587 F.2d 252 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Jessie P. BARNETT, Jr., Barnett & Sons Salvage, Ltd. and Billy D. Hicks, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

January 8, 1979.

Attorney(s) appearing for the Case

Grady F. Tollison, Jr., Mary Ann Connell, Oxford, Miss., for Barnett, Barnett & Sons, etc.

Charles S. Gibson, Dermott, Ark., for Hicks.

H. M. Ray, U. S. Atty., Alfred E. Moreton, III, John R. Hailman, Asst. U. S. Attys., Oxford, Miss., Barry Blyveis, Assoc. Chief Cnsl., Food & Drug Adminis., Rockville, Md., for plaintiff-appellee.

Before COLEMAN, CLARK and RUBIN, Circuit Judges.

COLEMAN, Circuit Judge.

When Theodore Roosevelt was President of the United States, the misbranding and harmful adulteration of foods had become of such nationwide moment that Congress enacted the first Food and Drug Act, 1906.

Eight years later, in an appraisal of the Act, the Supreme Court said:

The statute upon its face shows, that the primary purpose of Congress was to prevent injury to the public health by the sale and transportation in interstate...

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