United States v. 14 105 POUND BAGS, ETC., No. 2927.

CourtUnited States District Courts. 9th Circuit. District of Idaho
Writing for the CourtCLARK
Citation118 F. Supp. 837
Docket NumberNo. 2927.
Decision Date07 April 1953
PartiesUNITED STATES v. 14 105 POUND BAGS, MORE OR LESS, MINERAL COMPOUND et al.

118 F. Supp. 837

UNITED STATES
v.
14 105 POUND BAGS, MORE OR LESS, MINERAL COMPOUND et al.

No. 2927.

United States District Court, D. Idaho, S. D.

April 7, 1953.


118 F. Supp. 838

John A. Carver, U. S. Dist. Atty., Sylvan A. Jeppesen, Asst. Dist. Atty., Boise, Idaho, Paul M. Steffy, Special Asst. to the Atty. Gen., for plaintiff.

Beckwith & Langley, Twin Falls, Idaho, for defendant.

CLARK, District Judge.

This cause having come on for hearing on the plaintiff's motion for summary judgment, the Court, after hearing oral argument and considering the pleadings, affidavits, and memoranda submitted by counsel for both parties, hereby makes the following findings of fact and conclusions of law:

Findings of Fact.

1. The article seized in this action consisted of a number of 105 lbs. bags of a mineral compound, the main ingredients of which are ammonium chloride, potassium chlorate, sodium sulfate, calcium carbonate, and tobacco powder.

2. The seized article was shipped in interstate commerce by the Hy-Life Mineral Company from Denver, Colorado, to Globe Seed & Feed Company, Inc., Twin Falls, Idaho, on or about October 4 and 11, 1951, and March 3, 1952.

3. When introduced into and while in interstate commerce the labeling of the article consisted of the following written, printed, and graphic matter:

"(tag) Hy-Life Mineral Co. Manufacturers of Chemical Products For Livestock Men 2145 Blake Street Denver, Colo."
"(bag) Mineral Compound 105 lbs. Net"

4. The article was intended for use in the treatment of bloat in sheep and cattle.

5. When introduced into and while in interstate commerce the labeling of the article did not state that the article was intended to treat "bloat", nor did it bear any directions for use in the treatment of that disease.

6. While held for sale by the Globe Seed & Feed Company, Inc., at Twin Falls, Idaho, after shipment in interstate commerce, the article was accompanied by labeling which read, in part, as follows:

"(carton) Blake's Mineral Compound
"A chemical preparation which, when mixed with salt as directed, is designed for feeding Sheep and Cattle while pasturing in green Alfalfa, Clover or in Corn and Wheat fields.
"Ingredients: (Active) Ammonium Chloride; Potassium Chlorate; Sodium Sulphate; Calcium Carbonate; Tobacco Powder.
"Red Oxide of Iron is added as a coloring agent * * * Oil of Anise added * * * Net contents — 3½ lbs. Manufactured by Banner Mills Operated by Globe Seed & Feed Co., Inc., Twin Falls, Idaho * * *
"1. Mix entire contents of this package (3½ lbs.) with 100 lbs. of finely ground salt. * *
...

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4 practice notes
  • Food for human consumption: Food labeling— Dietary supplements; effect on structure or function of body; types of statements, definition,
    • United States
    • Federal Register January 06, 2000
    • January 6, 2000
    ...Ca. 1983); United States v. * * * Vitasafe, 226 F. Supp. 266 (D.N.J. 1964); United States v. 14 105 Pound Bags * * * Mineral Compound, 118 F. Supp. 837 (D.C. Idaho 1953); United States v. 43 1/2 Gross Rubber Prophylactics, 65 F. Supp. 534, 535 (D. Minn. 1946), aff'd sub nom. Gellman v. Unit......
  • U.S. v. L-Tyrosine, No. CIV.98-2400 (JRT/FLN).
    • United States
    • United States District Courts. 8th Circuit. United States District Court of Minnesota
    • March 31, 2002
    ...States v. 4 Cans, Etc., Master Liquid, 127 F.Supp. 243, 246 (N.D.Iowa 1955) and United States v. Ik 105 Pound Bags, Mineral Compound, 118 F.Supp. 837, 839 (D.Idaho 1953). Creative is correct that none of the cases cited by the government stand for the proposition that a claimant may not wit......
  • United States v. 4 CANS, ETC., Civ. No. 786
    • United States
    • United States District Courts. 8th Circuit. Northern District of Iowa
    • January 6, 1955
    ...9 Cir., 1930, 41 F.2d 460; Lee v. United States, 10 Cir., 1951, 187 F.2d 1005; United States v. 14 105 Pound Bags, D.C.Idaho, 1953, 118 F.Supp. 837. 127 F. Supp. 247 14. It is the finding and holding of the Court that there is no genuine issue of material fact in any of the present actions ......
  • American Trading & Production Corp. v. THE ST. JOHN, No. A. 18949.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • July 30, 1953
    ...off course after it rounded Hallets Point was not alleged in the libel. The libel pleads only that the tugs "abandoned" the tanker and 118 F. Supp. 837 that because the Port Republic was "without the assistance of the tugs", she was "unable to navigate safely through the strong currents of ......
3 cases
  • U.S. v. L-Tyrosine, No. CIV.98-2400 (JRT/FLN).
    • United States
    • United States District Courts. 8th Circuit. United States District Court of Minnesota
    • March 31, 2002
    ...States v. 4 Cans, Etc., Master Liquid, 127 F.Supp. 243, 246 (N.D.Iowa 1955) and United States v. Ik 105 Pound Bags, Mineral Compound, 118 F.Supp. 837, 839 (D.Idaho 1953). Creative is correct that none of the cases cited by the government stand for the proposition that a claimant may not wit......
  • United States v. 4 CANS, ETC., Civ. No. 786
    • United States
    • United States District Courts. 8th Circuit. Northern District of Iowa
    • January 6, 1955
    ...9 Cir., 1930, 41 F.2d 460; Lee v. United States, 10 Cir., 1951, 187 F.2d 1005; United States v. 14 105 Pound Bags, D.C.Idaho, 1953, 118 F.Supp. 837. 127 F. Supp. 247 14. It is the finding and holding of the Court that there is no genuine issue of material fact in any of the present actions ......
  • American Trading & Production Corp. v. THE ST. JOHN, No. A. 18949.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • July 30, 1953
    ...off course after it rounded Hallets Point was not alleged in the libel. The libel pleads only that the tugs "abandoned" the tanker and 118 F. Supp. 837 that because the Port Republic was "without the assistance of the tugs", she was "unable to navigate safely through the strong currents of ......

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