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UNITED STATES v. 1232 CASES AMERICAN BEAUTY B. OYSTERS

No. 907.

43 F.Supp. 749 (1942)

UNITED STATES v. 1232 CASES AMERICAN BEAUTY BRAND OYSTERS et al.

District Court, W. D. Missouri, W. D.

February 28, 1942.

Attorney(s) appearing for the Case

Maurice M. Milligan, U. S. Dist. Atty., and Otto Schmid, Asst. U. S. Dist. Atty., both of Kansas City, Mo., for plaintiff.

Fred G. Mancuso, of Kansas City, Mo., and R. W. Thompson, of Gulfport, Miss., for defendant.

REEVES, District Judge.

This is a proceeding by the process of libel to condemn an alleged adulterated food product. Such food consists of 1232 cases of oysters, each case containing 24 cans, marked "American Beauty Brand Oysters."

As a basis for condemnation, it is alleged by the government that said article "contains shell fragments, many of them small enough to be swallowed and become lodged in the esophagus, and that said shell fragments are sharp and...

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