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UNITED STATES v. FIVE CASES OF CAPON SPRINGS WATER

62 F.Supp. 736 (1945)

UNITED STATES v. FIVE CASES OF CAPON SPRINGS WATER.

District Court, S. D. New York.

February 13, 1945.

Attorney(s) appearing for the Case

James B. M. McNally, U. S. Atty., of New York City (Stanley H. Lowell, Asst. U. S. Atty., of New York City, and James B. Goding, Atty., Federal Security Agency, of Boston, Mass., of counsel), for libelant.

William M. Kilcullen, of New York City, for Andrew P. St. Thomas and Capon Spring Water Co. and Louis L. Austin and Virginia H. Austin, copartners, doing business as Capon Springs and Farms, claimants.

CONGER, District Judge.

Libellant, the United States of America seeks herein to confiscate a certain quantity of Capon Springs Water which it has seized.

The libel states that this water, shipped in interstate commerce, was misbranded in that, in violation of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C.A. § 352 (a), the label on the bottles containing the water contained statements which were false and misleading.

The following statements...

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