United States v. 40 Cases

JAMES T. FOLEY, District Judge.

The claimant, A.M.S. Packing Company, moves to dismiss this libel proceeding for seizure and condemnation of the article of food designated in the title pursuant to the provisions of the Federal Food, Drug and Cosmetic Act, 21 U.S.C.A. § 301 et seq. The factual situation is a simple one and a precise question of law involving the thrust of this important federal statute into intrastate activity is presented by the challenge of claimant to jurisdiction under the circumstances involved.

The allegations in the libel are very limited as to the improper acts charged…