Otis McAllister & Co., Inc. v. United States
| Decision Date | 12 February 1952 |
| Docket Number | No. 13600.,13600. |
| Citation | 194 F.2d 386 |
| Parties | OTIS McALLISTER & CO., Inc. v. UNITED STATES. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Edward D. Finley, Jr., Sumter D. Marks, Jr., New Orleans, La., for appellant.
Lansing L. Mitchell, Asst. U. S. Atty., New Orleans, La. for appellee.
Before HUTCHESON, Chief Judge, and RUSSELL and RIVES, Circuit Judges.
Appealing from a decree condemning, and forfeiting to the United States, 500 bags of green coffee, claimant is here assigning two grounds of error.
One of these is that the court erred in finding and concluding that green coffee is an article of food within the meaning of 21 U.S.C.A. § 321(f).
The other is that it erred in not affording claimant the right to proceed under Sec. 801 of the Act, 21 U.S.C.A. § 381, to have the coffee re-exported.
Unfortunately for claimant, whatever might have been said of them as original propositions, both of its claims of error have already been decided against it in well reasoned opinions.
The first has been decided in principle in U. S. v. 24 Cans* *Ladled Butter, 5 Cir., 148 F.2d 365; U. S. v. 52 Drums Maple Syrup, 2 Cir., 110 F.2d 914; Union Dairy Co. v. U. S., 7 Cir., 250 F. 231; and on the precise point, green coffee, in United States v. O. F. Bayer & Co., 2 Cir., 188 F.2d 555.
The second has been decided against it in 230 Boxes of Fish v. United States, 6 Cir., 168 F.2d 361.
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United States v. 1,200 CANS, PASTEURIZED WHOLE EGGS, ETC.
...commerce under the Act. 21 U.S.C. § 321(f). United States v. O. F. Bayer & Co., 188 F.2d 555 (2d Cir. 1951); Otis McAllister & Co. v. United States, 194 F.2d 386 (5th Cir. 1952). Of comparative recent development are mechanical egg-breaking plants, but more typical of the industry in the pa......
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United States v. 484 Bags, More or Less, 27781.
...U.S.C. § 381 does not apply to allow reexport of coffee that has been imported and condemned as adulterated. Otis McAllister & Co. v. United States, 194 F.2d 386 (5th Cir. 1952). See also, 230 Boxes of Fish v. United States, 168 F.2d 361 (6th Cir. 1948); United States v. Catz American Co., ......
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