UNITED STATES v. 900 CASES, ETC., PEACHES

No. 71-C-1342.

390 F.Supp. 1006 (1975)

UNITED STATES of America, Plaintiff, v. An article of food consisting of 900 CASES, more or less, each containing 12 cans, labeled in part: (can) "___ Connoisseur Fancy Freestone Halves White Nectar PEACHES in ___ Heavy Syrup Net Wt. 30 Oz. (1 Lb. 14 Oz.) Packed for Jules Weber, Inc., Brooklyn, N. Y. 11206 8-10 Count" (case) "___ Connoisseur Nectar Fancy Halves ___ Louis Ender, Inc. Brooklyn, N. Y. ___", Defendant.

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

January 31, 1975.


Attorney(s) appearing for the Case

David G. Trager, U. S. Atty., E.D.N. Y., for plaintiff; George H. Weller, Asst. U. S. Atty., Allan Bennett, Barbara Spivak, Attys., Food & Drug Administration, of counsel.

George Noroian, individually and as agent of Fruitful Valley Sun, claimants, pro se.


BARTELS, District Judge.

On July 22, 1971 the claimant, Fruitful Valley Sun, a California corporation, sold and subsequently shipped 900 cases of canned peaches, each containing twelve cans of peaches, to Louis Ender, Inc., in New York. On August 23, 1971, the peaches having arrived in New York, ninety-six of the cans were appropriated as a sample, of which thirty-five were inspected for test purposes by the United States Food and Drug Administration ("FDA"). After...

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