United States v. Craft Phenix Cheese Corp.

THOMAS, District Judge.

The information filed against the defendant contains two counts charging violation of title 21, U.S.C. §§ 9 and 10 (21 U.S.C.A. §§ 9, 10), in that the defendant misbranded certain cheese shipped by it in interstate commerce, by labeling the same with a weight more than its true weight. The Government has rested; and the defendant now moves for a directed verdict.

I deem it prima facie established that the defendant did in fact ship the cheese in question in interstate commerce, and that the weights shown on the labels were in fact *61more than the true weights existing at…