598 Cases, Each Containing 24 Cans, More or Less of Tomatoes v. United States

SCHNACKENBERG, Circuit Judge.

This action is based upon a libel in rem filed by the plaintiff to condemn canned tomatoes produced by the claimant, Virgil Etchison, for alleged violation of the United States Food, Drug and Cosmetic Act, 21 U.S.C.A. § 301 et seq. From a summary judgment for plaintiff, claimant appeals to this court.

The libel, filed June 10, 1952, as amended, alleges that the canned tomatoes were shipped in interstate commerce from New Palestine, Indiana, on or about November 19, 1951; that said article of food was adulterated in interstate commerce, within the meaning of said…