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UNITED STATES v. 1,200 CANS, PASTEURIZED WHOLE EGGS, ETC.

Civ. A. Nos. 14782-14784, 14796 and 14821.

339 F.Supp. 131 (1972)

UNITED STATES of America v. An article of food consisting of: 1,200 CANS, article Labeled in part (can) "30 lbs. Net Weight, PASTEURIZED WHOLE EGGS, distributed by FRIGID FOOD PRODUCTS, INC.—DETROIT, MICH." (coded 1937) UNITED STATES of America v. Articles of food consisting of: 1,250 CANS, MORE OR LESS, Labeled in part "LOT NO. 1949" (STORED UNDER LOT NO. 2149), et al. UNITED STATES of America v. Approximately 26 CANS, article Labeled in part (can) "SUGAR YOLKS — Net Weight 30# Lot No. 2923 Packed by GOLDEN EGG PRODUCTS, INC., ONEONTA, ALABAMA, Ala. #14204" — Stored under Lot No. 2923, et al. UNITED STATES of America v. Articles of food consisting of: 1,250 CANS, MORE OR LESS, of an article Labeled in part: (can) "PASTEURIZED FROZEN WHOLE EGGS * * * Net Wt. 30 lbs. Lot No. 1002 Distributed by SUN CITY DAIRY PRODUCTS, INC., MIAMI, FLORIDA" or "Frozen Pasteurized Whole Eggs 30 lbs. Net Distributed by Sun City Dairy Products, Inc. * * * Hialeah, Florida", et al. UNITED STATES of America v. Articles of food consisting of: 514 CANS, MORE OR LESS, and 15 cans, more or less (both lots CODED "1976"), et al.

United States District Court, N. D. Georgia, Atlanta Division.

March 8, 1972.

Attorney(s) appearing for the Case

Ralph B. Guy, Jr., Richard L. Delonis, Detroit, Mich., John W. Stokes, Jr., U. S. Atty., Beverly B. Bates, Asst. U. S. Atty., Atlanta, Ga., for plaintiff.

Lewis R. Baron, Robert M. Newton, Chicago, Ill., Miles J. Alexander, George B. Haley, Jr., Atlanta, Ga., for defendants.

SIDNEY O. SMITH, Jr., Chief Judge.

These five actions were brought in different parts of the United States pursuant to Section 304 of the Federal Food, Drug and Cosmetic Act (21 U.S.C. § 334) to condemn and destroy as adulterated various lots of pasteurized frozen whole eggs and sugar yolks processed and introduced into interstate commerce by the Golden Egg Products, Inc. of Oneonta, Alabama ("Golden Egg"). Proceeding under the statute, the government contends...

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