Legal Opinion

United States of America, Libellant-Appellant v. 1,500 Cases More or Less, Tomato Paste

Court of Appeals for the Seventh Circuit

Decided July 13, 1956No. 11544-11547_1PublishedCited by 27 opinions

1Opinion of the Court

SWAIM, Circuit Judge.

This is an appeal by the United States from the judgments in the combined prosecution of four libels (designated in the District Court as 54-C-1754, 54-C-1820, 54-C-1833 and 55-C-70) condemning approximately 10,370 cases of tomato paste as “adulterated” within the meaning of 21 U.S.C.A. § 334(a). The paste was canned by the Smith Canning Company in Clearfield, Utah, and shipped to Chicago where it was seized by the United States Marshal.

The libels in actions 54-C-1754 and 55-C-70 alleged that the paste seized thereunder was “adulterated,” in that it had been prepared…

2Cases cited10 opinions

  1. United States v. 449 Cases, Containing Tomato PasteCourt of Appeals for the Second Circuit · 1954
  2. Berger v. United StatesCourt of Appeals for the Eighth Circuit · 1952
  3. Triangle Candy Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1944
  4. United States v. 133 Cases of Tomato PasteDistrict Court, E.D. Pennsylvania · 1938
  5. Salamonie Packing Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1948

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

3Cited by27 opinions

  1. T. J. Stevenson & Co. v. 81,193 Bags of FlourCourt of Appeals for the Fifth Circuit · 1980
  2. T. J. Stevenson & Co., Inc., a Corporation, and Counterclaimant, Appellee-Cross-Appellant v. 81,193 Bags of Flour, Etc., Adm Milling Co., Inc., Counterclaimant & Third Party Plaintiff- Cross-Appellee v. T. J. Stevenson & Co., Inc., Mv Nedon, Etc., as to Counterclaim, Republic of Bolivia, Ministry of Industry, Commerce and Tourism, Third Party Counterclaimant-Appellee, Cross-AppellantCourt of Appeals for the Third Circuit · 1980
  3. United States v. 484 Bags, More or Less, Etc.Court of Appeals for the Fifth Circuit · 1970
  4. United States v. An Article of Food, Etc., Foodscience Laboratories, Inc., Claimant-Defendant-AppellantCourt of Appeals for the Seventh Circuit · 1982
  5. United States v. Ewig Bros. Co., Inc., a Corporation, and Eugene W. Ewig, an Individual, United States of America v. Vita Food Products of Illinois, Inc., a Corporation, and Lawrence T. Schweig,an IndividualCourt of Appeals for the Seventh Circuit · 1974

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