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UNITED STATES v. 46 CASES, MORE OR LESS, ETC.

Misc. No. 634.

204 F.Supp. 321 (1962)

UNITED STATES of America v. 46 CASES, MORE OR LESS, Each Containing 24 Packages of an Article Labeled in Part: (pkg.) "WELCH'S NUT CARAMELS Net Weight 8 Ozs. * * * James O. Welch Company, Los Angeles, Calif., Cambridge, Mass. * * *", James O. Welch Company, Claimant.

United States District Court D. Rhode Island.

March 26, 1962.

Attorney(s) appearing for the Case

Raymond J. Pettine, U. S. Atty., William J. Gearon, Asst. U. S. Atty., Providence, R. I., William E. Brennan, Food & Drug Adm., Washington, D. C., for plaintiff.

Paul V. Power, of Gaston, Snow, Motley & Holt, Boston, Mass., William H. Edwards, of Edwards & Angell, Providence, R. I., for defendant.

DAY, District Judge.

This is a libel brought under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C.A. § 301 et seq., for the condemnation of 46 cases, more or less, each containing 24 packages of "Welch's Nut Caramels". It was originally filed in the District Court for the Northern District of Illinois and was removed to this District for trial by stipulation of the parties under the provisions of 21 U.S.C.A. § 334(a).

The libel charges that said...

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