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UNITED STATES v. 184 BARRELS DRIED WHOLE EGGS

Civ. Nos. 853, 852, 1111.

53 F.Supp. 652 (1943)

UNITED STATES v. 184 BARRELS DRIED WHOLE EGGS. SAME v. 47 BARRELS DRIED WHOLE EGGS. SAME v. 5 BARRELS WHOLE DRIED EGGS.

District Court, E. D. Wisconsin.

December 22, 1943.

Attorney(s) appearing for the Case

B. J. Husting, U. S. Atty., and Carl Becker, Asst. U. S. Atty., both of Milwaukee, Wis., for plaintiff.

William J. McCauley, of Milwaukee, Wis., for defendant.

DUFFY, District Judge.

This case is a consolidation of three in rem proceedings under Sec. 304(a) of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C.A. § 334(a). The claimant, Wisconsin Dried Egg Company of Oconto, Wisconsin, filed an answer denying that the eggs in actions Nos. 852 and 853 were in interstate commerce, and further denying adulteration in all three proceedings.

Sec. 304(a) of the act provides: "Seizure * * * Any article of food * *...

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