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UNITED STATES v. 2,116 BOXES OF BONED BEEF

No. 82-1537.

726 F.2d 1481 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. 2,116 BOXES OF BONED BEEF, WEIGHING APPROXIMATELY 154,121 POUNDS, and 541 Boxes of Offal Weighing Approximately 17,732 Pounds, Defendants-Appellants, Jarboe Lackey Feedlots, Inc., Claimant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied February 23, 1984.

Attorney(s) appearing for the Case

Charles D. McAtee, Topeka, Kan. (Anne L. Baker, Topeka, Kan., with him on the brief), of Eidson, Lewis, Porter & Haynes and Wilbur G. Leonard, Topeka, Kan., with him on the brief, for claimant-appellant Jarboe-Lackey Feedlots, Inc.

Edward T. Hand, Atty., Dept. of Justice, Washington, D.C. (William F. Baxter, Abbott B. Lipsky, Jr., Deputy Asst. Atty. Gen., Robert B. Nicholson and Mark C. Del Bianco, Dept. of Justice, Washington, D.C., Robert M. Spiller, Jr., Associate Chief Counsel for Enforcement, Food & Drug Admin., Rockville, Md., Robert R. Donlan, Dept. of Justice, Anthony J. Buccitelli, Dept. of Agriculture, Washington, D.C., of counsel, with him on the brief), for plaintiff-appellee U.S.

Before HOLLOWAY and LOGAN, Circuit Judges, and ARRAJ, District Judge.

ARRAJ, District Judge.

This is an appeal from a condemnation action brought by the United States pursuant to the Meat Inspection Act, 21 U.S.C. §§ 601-695, alleging adulteration of certain beef and offal owned by Jarboe-Lackey Feedlots, Inc., Following an extensive trial, the district court concluded that the government had failed to meet its burden of proving adulteration, 21 U.S.C. § 601(m)(1), (m)(2)(A), and (m)(3), and dismissed the libel action...

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