Legal Opinion
United States v. AN ARTICLE OF FOOD, ETC.
District Court, E.D. New York
Decided April 5, 1974No. 72-C-906PublishedCited by 6 opinions
1Opinion of the Court
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.
Facts
The proceeding relates to a food product labeled “Diet-Thins Matzo Crackers.” (Diet-Thins). Claimant B. Manisehewitz Co., Inc. has manufactured Diet-Thins under that name since about…
2Cases cited9 opinions
- United States v. Ninety-Five Barrels, More or Less, Alleged Apple Cider Vinegar, Douglas Packing Co.Supreme Court of the United States · 1924
- Amp Incorporated v. John W. Gardner, Secretary of Health, Education and Welfare, and James L. Goddard, Commissioner of Food and DrugsCourt of Appeals for the Second Circuit · 1968
- Potato Chip Institute, a Corporation, and Weaver Potato Chip Co., Inc., a Corporation v. General Mills, Inc., a CorporationCourt of Appeals for the Eighth Circuit · 1972
- V. E. Irons, Inc. v. United StatesCourt of Appeals for the First Circuit · 1957
- United States v. Article . Consisting of 216Court of Appeals for the Second Circuit · 1969
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- United States v. Jerome Strauss and Adam StraussCourt of Appeals for the Second Circuit · 1993
- Dowhal v. Smithkline Beecham Consumer HealthcareCalifornia Supreme Court · 2004
- Noble v. 93 University Place Corp.District Court, S.D. New York · 2003
- United States v. Beech-Nut Nutrition Corp.District Court, E.D. New York · 1987
- Pom Wonderful LLC v. COCA COLA CO.District Court, C.D. California · 2010
1 more not listed; retrieve them via the Exa API.