Legal Opinion

United States v. 300 Cans of Frozen Eggs

Court of Appeals for the Second Circuit

Decided June 6, 1911No. 291PublishedCited by 2 opinions

Appeal from the District Court of the United States for the Southern District of New York. Uibel by the United States against 300 cans of frozen eggs claimed by the European Egg Company. From a judgment sustaining exceptions to the libel, the government appeals.

1Opinion of the Court

WARD, Circuit Judge.

This is a libel filed by the United States for the condemnation of 300 cans of frozen eggs under section 10 of the food and drugs act of June 30, 1906, c. 3915, 34 Stat. 771 (U. S. Comp. St. Supp. 1909, p. 1193). The material allegations are as follows:

“(1) This libel Is filed by the United States of America in its own right, and prays seizure for condemnation of certain articles of food as hereinafter* particularly set forth in accordance with the food and drugs act of Congress, approved June 30, 1906, 34 Stat. 768.
“(2) Your libelant represents to the court, that in the…

2Cases cited4 opinions

  1. Hipolite Egg Co. v. United StatesSupreme Court of the United States · 1911
  2. The Three FriendsSupreme Court of the United States · 1897
  3. United States v. Two Barrels of Desiccated EggsDistrict Court, D. Minnesota · 1911
  4. United States v. Forty-Six Packages & Bags of SugarDistrict Court, S.D. Ohio · 1910

3Cited by2 opinions

  1. Philadelphia Pickling Co. v. United StatesCourt of Appeals for the Third Circuit · 1913
  2. United States v. 426 Bags of Economy Special Hog FeedDistrict Court, W.D. Michigan · 1921

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