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UNITED STATES v. ARTICLES OF FOOD, ETC.

Civ. No. 77-0-349.

456 F.Supp. 207 (1978)

UNITED STATES of America, Plaintiff, v. ARTICLES OF FOOD . . . BUFFALO JERKY, etc., Defendant.

United States District Court, D. Nebraska.

July 12, 1978.

Attorney(s) appearing for the Case

Edward G. Warin, U. S. Atty., Robert F. Kokrda, Asst. U. S. Atty., Omaha, Neb., Stephen D. Terman, U.S. Food and Drug Admin., U. S. Dept. Health, Education and Welfare, Rockville, Md., for plaintiff.

Jeffrey A. Silver, Omaha, Neb., for defendant.

MEMORANDUM OPINION

SCHATZ, District Judge.

The United States of America brought this action seeking to condemn certain food substances pursuant to the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 301, et seq. (hereafter referred to as "the Act"). The United States Marshal seized the substances identified in the complaint and the owner intervened to file a claim for return thereof. Each party filed a motion for summary judgment, the parties...

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