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UNITED STATES v. AN ARTICLE OF FOOD, ETC.

No. 72-C-906.

377 F.Supp. 746 (1974)

UNITED STATES of America, Plaintiff, v. AN ARTICLE OF FOOD . . . "MANISCHEWITZ . . . DIET THINS" etc., Defendants, S. Manischewitz Co., Inc., Claimant.

United States District Court, E. D. New York.

April 5, 1974.

Attorney(s) appearing for the Case

Robert A. Morse, U. S. Atty., Brooklyn, N. Y., for plaintiff; by Harold J. Friedman, Asst. U. S. Atty. and Eric M. Blumberg, Washington, D. C., of counsel.

Proskauer Rose Goetz & Mendelsohn, New York City, for defendant; by Carol Berkman, Stephen Rackow Kaye, New York City, of counsel.

JUDD, District Judge.

MEMORANDUM AND ORDER

Plaintiff has moved for summary judgment in this action to condemn food as misbranded. Defendant has responded with affidavits and cross-moved for an order pursuant to F.R.Civ.P. 37 directing plaintiff to comply with certain discovery requests and for an order pursuant to F.R.Civ.P. 56(f) staying plaintiff's motion until depositions and further discovery may be had....

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