United States v. 2 Bags, More or Less, Each Containing 110 Pounds Poppy Seeds

WILKIN, District Judge.

This is a civil action in which the plaintiff seeks judgment that certain bags of poppy seeds shipped by Arco Products Company in interstate commerce be seized and confiscated. The gravamen of the complaint is that the seeds were adulterated within the meaning of Section 342(b) (3) and Section 342(b) (4) of Title 21 U.S. C.A. The defendant contends that there is no basis for the complaint in fact or law. In last analysis the issue turns upon a point of law.

The undisputed or established facts are that the defendant shipped to jobbers in other states white poppy seeds…