Legal Opinion

United States v. 88 Cases, More or Less, Containing Bireley's Orange Beverage

Court of Appeals for the Third Circuit

Decided May 28, 1951No. 10170PublishedCited by 54 opinions

1Opinion of the Court

HASTIE, Circuit Judge.

Pursuant to its libel charging economic adulteration of certain food within the meaning of Section 402(b) (4) of the Federal Food, Drug and Cosmetic Act, 1 the United States seized for condemnation 88 cases of an article of food labeled “Bire-ley’s Orange Beverage”. 2 The charges thus asserted were tried to a jury in the District Court for the District of New Jersey with a resultant finding of adulteration and a decree of condemnation. This appeal by General Foods Corporation, the owner of the food, followed.

Section 402(b) (4) declares that: “A food shall be deemed to be…

2Cases cited7 opinions

  1. Federal Security Administrator v. Quaker Oats Co.Supreme Court of the United States · 1943
  2. United States v. Two Bags, Each Containing 110 Pounds, Poppy SeedsCourt of Appeals for the Sixth Circuit · 1945
  3. United States v. Ten Cases, More or Less, Bred SpredCourt of Appeals for the Eighth Circuit · 1931
  4. United States v. 716 Cases, More or Less, Etc., Del Comida Brand TomatoesCourt of Appeals for the Tenth Circuit · 1950
  5. United States v. 36 Drums of Pop'n OilCourt of Appeals for the Fifth Circuit · 1947

2 more not listed; retrieve them via the Exa API.

3Cited by54 opinions

  1. The International Association of MacHinists and Aerospace Workers, Afl-Cio v. Winship Green Nursing CenterCourt of Appeals for the First Circuit · 1996
  2. Stix Products, Inc. v. United Merchants & Manufacturers, Inc.District Court, S.D. New York · 1968
  3. Pittsburgh Press Club v. United StatesCourt of Appeals for the Third Circuit · 1978
  4. Quentin Reynolds v. Westbrook Pegler, the Hearst Corporation and Hearst Consolidated Publications, Inc.Court of Appeals for the Second Circuit · 1955
  5. The Standard Oil Company, a Corporation and Sohio Petroleum Company, a Corporation v. Standard Oil Company, a CorporationCourt of Appeals for the Tenth Circuit · 1958

49 more not listed; retrieve them via the Exa API.

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