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UNITED STATES v. 856 CASES, MORE OR LESS, ETC.

Civ. No. 10186.

254 F.Supp. 57 (1966)

UNITED STATES of America v. 856 CASES, MORE OR LESS, each containing 24 packages of an article LABELED in part "DEMI", etc.

United States District Court N. D. New York.

April 22, 1966.

Attorney(s) appearing for the Case

Justin J. Mahoney, U. S. Atty., Albany, N. Y., for libelant; Frank A. Dziduch, Asst. U. S. Atty., William Pendergast, Atty., Dept. of Justice, Washington, D. C., of counsel.

Breed, Abbott & Morgan, New York City, for claimant, Carter Products, Inc.; Whalen, McNamee, Creble & Nichols, Charles E. Nichols, Albany, N. Y., William L. Hanaway, Stephen R. Lang, New York City, of counsel.

JAMES T. FOLEY, Chief Judge.

In this libel action for condemnation of margarine products, a dispute as sharp and intense as one can be arises in regard to the interpretation of the purpose and intent of certain provisions of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 301 et seq., and the legislative history relevant thereto. This Act has been recognized as a ponderous statute. (United States v. Sullivan, 332 U.S. 689...

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