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UNITED STATES v. 298 CASES

Civ. No. 4265.

88 F.Supp. 450 (1949)

UNITED STATES v. 298 CASES, etc., SKI SLIDE BRAND ASPARAGUS, etc.

United States District Court D. Oregon.

May 9, 1949.

Attorney(s) appearing for the Case

Henry L. Hess, U. S. Atty., and Gene B. Conklin, Asst. U. S. Atty., both of Portland, Or., for plaintiff.

W. J. Prendergast, Jr., of Portland, Or., for defendant.

McCOLLOCH, District Judge.

Defendant is an asparagus packer. One of his products is the center cut of the asparagus. This retails for 20¢ per can (1 lb. 3 oz.) containing 95 to 100 cuts, as compared with 40 to 45 cents per can for the choicer tips.

The Government contends that defendant's center cuts are fibrous and woody beyond the permissible limits set up by the Federal Food, Drug and Cosmetic Administration. Three witnesses for the Government said...

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