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UNITED STATES v. 306 CASES, ETC.

No. M-698.

55 F.Supp. 725 (1944)

UNITED STATES v. 306 CASES CONTAINING SANDFORD TOMATO CATSUP WITH PRESERVATIVE.

District Court, E. D. New York.

May 24, 1944.

Attorney(s) appearing for the Case

Harold M. Kennedy, U. S. Atty., and Morris K. Siegel, Asst. U. S. Atty., both of Brooklyn, N.Y., for libelant.

Breed, Abbott & Morgan, of New York City (Michael F. Markel, of counsel), for claimant, Libby, McNeill & Libby.

MOSCOWITZ, District Judge.

Libelant prays for a decree of this Court condemning approximately 306 cases of an article of food labelled in part "Sandford Tomato Catsup with Preservative". Claimant concedes that the article under seizure was shipped by it in interstate commerce to this district, and that it was seized by a Deputy United States Marshal within the jurisdiction of this Court.

The libel charges that the seized article is misbranded within the meaning...

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