Legal Opinion

United States v. 267 Boxes of Macaroni

District Court, W.D. Pennsylvania

Decided February 17, 1915No. 3799PublishedCited by 1 opinion

Libel by the United States for the seizure and condemnation of 267 boxes of macaroni, because misbranded, in which Thomas Monico- and another, partners doing business as the Monico-Alles Company, claimants, filed answer. Judgment for the United States.

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Libel by the United States for the seizure and condemnation of 267 boxes of macaroni, because misbranded, in which Thomas Monico- and another, partners doing business as the Monico-Alles Company, claimants, filed answer. Judgment for the United States. On December 11, 1914, the United States attorney for the Western District of Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in the District Court of the United States for said district a libel for the seizure and condemnation of 267 boxes of macaroni, remaining unsold in the original unbroken packages at Pittsburgh,…

1Opinion of the Court

TPIOMSON, District Judge.

The libel in this case was for the seizure and condemnation of 267 boxes of macaroni, remaining unsold in the original, unbroken packages at Pittsburgh, Pa. The libel alleges that the product was shipped by the Dunkirk Macaroni & Supply Company of Dunkirk, N. Y., and transported from the state of New York, and charges that the same was misbranded, in violation of, section 10 of the Pure Food and Drugs Act, as defined in subsection 2, which defines what usually may be considered as misbranding of foods under the act of Congress. The said food product was seized by the…

2Cases cited2 opinions

  1. McDermott v. WisconsinSupreme Court of the United States · 1913
  2. United States v. Thirty-Six Bottles of London Dry GinCourt of Appeals for the Third Circuit · 1914

3Cited by1 opinion

  1. United States v. 397 Cases, Etc., of Salad OilDistrict Court, D. New Jersey · 1936

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