Legal Opinion
Otis McAllister & Co., Inc. v. United States
Court of Appeals for the Fifth Circuit
Decided February 12, 1952No. 13600PublishedCited by 5 opinions
1Per curiam
Appealing from a decree condemning, and forfeiting to the United States, 500 bags of green coffee, claimant is here assigning two grounds of error.
One of these is that the court erred in finding and concluding that green coffee is an article of food within the meaning of 21 U.S.C.A. § 321(f).
The other is that it erred in not affording claimant the right to proceed under Sec. 801 of the Act, 21 U.S.C.A. § 381, to have the coffee re-exported.
Unfortunately for claimant, whatever might have been said of them as original propositions, both of its claims of error have already been decided against…
2Cases cited5 opinions
- 230 Boxes, More or Less, of Fish v. United StatesCourt of Appeals for the Sixth Circuit · 1948
- United States v. 52 Drums Maple SyrupCourt of Appeals for the Second Circuit · 1940
- United States v. O. F. Bayer & Co. United States v. Savoy Tea & Coffee Co., Inc. United States v. Polin Bros., IncCourt of Appeals for the Second Circuit · 1951
- Union Dairy Co. v. United StatesCourt of Appeals for the Seventh Circuit · 1918
- United States v. 24 Cans Containing ButterCourt of Appeals for the Fifth Circuit · 1945
3Cited by5 opinions
- United States v. 484 Bags, More or Less, Etc.Court of Appeals for the Fifth Circuit · 1970
- United States v. 76,552 Pounds of Frog LegsDistrict Court, S.D. Texas · 1976
- United States v. 1,200 CANS, PASTEURIZED WHOLE EGGS, ETC.District Court, N.D. Georgia · 1972
- United States v. Allbrook Freezing & Cold Storage, Inc.Court of Appeals for the Fifth Circuit · 1952
- United States v. An Article of Food Consisting of: 1,200 Cans, Article Labeled in Part (can) 30 Lbs. Net Weight, Pasteurized Whole Eggs, Distributed by Frigid Food Products, Inc.District Court, N.D. Georgia · 1972