Lexington Mill & Elevator Co. v. United States
Court of Appeals for the Eighth Circuit
Appeal from and in Error to the District Court of the United States for the Western District of Missouri; Smith McPherson, Judge. Proceeding by the United States by libel for the forfeiture of 625 sacks of hour; Lexington Mill & Elevator Company, claimant. Judgment for libelant, and claimant appeals and brings error.
1Opinion of the Court
MARSHALL, District Judge.
The Lexington Mill & Elevator Company is a corporation of the state of Nebraska and is engaged in the manufacture of flour at Lexington, Neb. On April 1, 1910, it shipped from Lexington to B. O. Terry at Castle, Mo., 625 sacks o'f flour manufactured by it. On April 9, 1910, a libel was filed by the United States under the provisions of section 10 of the Food and Drugs Act (34 Stat. 768), and a warrant of seizure issued, by virtue of which the flour was seized under the claim that it was adulterated and misbranded-in violation of the provisions of that act. The…
2Cases cited8 opinions
- Johnson v. Southern Pacific Co.Supreme Court of the United States · 1904
- Naylor v. Alsop Process Co.Court of Appeals for the Eighth Circuit · 1909
- United States v. MolloyU.S. Circuit Court for the District of Eastern Missouri · 1887
- Hoge v. MagnesCourt of Appeals for the Eighth Circuit · 1898
- United States v. McGlueU.S. Circuit Court for the District of Massachusetts · 1851
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3Cited by4 opinions
- Fienup v. KleinmanCourt of Appeals for the Eighth Circuit · 1925
- Commonwealth v. DiMeglioSupreme Court of Pennsylvania · 1956
- United States v. Ten Cases, More or Less, Bred SpredCourt of Appeals for the Eighth Circuit · 1931
- Fienup v. KleinmanCourt of Appeals for the Eighth Circuit · 1925