United States v. 88 Cases, Etc., of Bireley's Orange Beverage

MADDEN, District Judge.

This is a motion by the United States of America, as libelant, to vacate a notice of the taking of oral deposition of Dr. Paul B. Dunbar, Commissioner of Food and Drugs—or such other officer, agent, employee or representative as he may designate—pursuant to Rules 26, 28, 30, 32 and 37 of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c.

This is a proceeding under the Federal Food, Drug, and Cosmetic Act of June 25, 1938, 21 U.S.C.A. § 301 et seq., seizure having been made under Section 334, because the subject matter, namely, an uncarbonated beverage is…