Legal Opinion
United States v. 298 Cases
District Court, D. Oregon
Decided May 9, 1949No. Civ. No. 4265PublishedCited by 5 opinions
1Opinion of the Court
McCOLLOCH, District Judge.
Defendant is an asparagus packer. One of liis products is the center cut of the asparagus. This retails for 20^ per can (1 lb. 3 oz.) containing 95 to 100 cuts, as compared with 40 to 45 cents per can for the choicer tips.
The Government contends that defendant’s center cuts are fibrous and woody beyond 'the permissible limits set up by the Federal Food, Drug and Cosmetic Administration. Three witnesses for the Government said that they had each eaten a can (or attempted to) of defendant’s cuts. The composite of their testimony was that 25% or more of the cuts were…
2Cited by5 opinions
- United States v. 449 Cases, Containing Tomato PasteCourt of Appeals for the Second Circuit · 1954
- Florida Citrus Exchange v. FolsomCourt of Appeals for the Fifth Circuit · 1957
- United States v. 24 CASES, ETC.District Court, D. Maine · 1949
- Florida Citrus Exchange v. M. B. Folsom, Secretary of the Department of Health, Education and Welfare, Frank R. Schell v. M. B. Folsom, Secretary of the Department of Health, Education and WelfareCourt of Appeals for the Fifth Circuit · 1957
- United States v. 449 Cases, Containing Tomato PasteCourt of Appeals for the Second Circuit · 1954