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UNITED STATES v. 20 CASES, ETC.

No. 1642.

130 F.Supp. 715 (1954)

UNITED STATES of America, Libellant, v. 20 CASES, MORE OR LESS, each CONTAINING 48 packages of an article labeled in part: (pkg.) "BUITONI 20% PROTEIN SPAGHETTI Net Wgt. 8 Oz."

United States District Court D. Delaware.

On Reargument April 15, 1955.

Attorney(s) appearing for the Case

Leonard G. Hagner, U. S. Atty., and H. Newton White, Jr., Asst. U. S. Atty., Wilmington, Del., and Leonard D. Hardy, Sp. Asst. to the U. S. Atty., Washington, D. C., for libellant.

William Poole (of Berl, Potter & Anderson), Wilmington, Del., and Parker H. Jones, Washington, D. C., for claimant.

Stephen E. Hamilton, Jr., Wilmington, Del., H. Thomas Austern and Hamilton Carothers, Washington, D. C. (of Covington & Burling), Washington, D. C., for amicus curiae.

LEAHY, Chief Judge.

An article of food labeled "Buitoni 20% Protein Spaghetti" was seized under 21 U.S.C. § 334(a). The libel charged the food was misbranded under 21 U. S.C. § 343(g) (1) as it "purported to be and was represented as" a macaroni product, spaghetti, and failed to meet the definition and standard of identity established for that food by the apposite regulations.1 Libellant charged "gum gluten" had been added to...

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