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Show CITATION. No. 5279 Law. In the United States District Court in and for tho District of Utah. North-ern North-ern Division., United States of America, Libelant, vs. 638 Bags of Horse Beans. A Libel of Information, having been filed in tho abovo entitled court, praying pray-ing for tho seizure and condemnation of 638 bags of horso beans, now within with-in Ogden City, in tho State and Northern North-ern Division of the District of Utah, each of said bags of horse beans being be-ing marked and labeled as follows: "Net S5 lbs. XXX Re-cleaned Net Weight When Packed 100 lbs. XXX Net Weight 110 lbs. when packed" which said libel of Information charges that tho said 63S bags of horse beans, and each of them, is mlsbranded and adulterated within the meaning of tho provisions of the Act of Congress of June 30, 1906, known as the 'Food and Drugs Act, and said bags of horso beans, and each of them, so adulterated adulterat-ed wero shipped in Interstate commerce com-merce by P. Caldarono of Sacramento, California, from Sacramento, in tho State of California, to tho City of Boston, Bos-ton, State of Massachusetts, contrary to tho form of tho statute in such case made and provided; that the said 63S bags of horso beans at tho time of tho filing of said libel of Information Informa-tion wore within tho City of Ogden, In the State and District aforesaid, In their original and unbroken packages; AND WHEREAS, tho said Court, on the 26th day of July, A. D. 1918, did issue an order directing tho United States Marshal for the District of Utah to attach and seize tho said 638 bags of horse beans, and each of them, and did fix tho 9th day of September, A. D. 1918, at ten o'clock of said day, In the Court room of said court In tho Fedoral building, at Ogden City, Utah, as tho time and place for tho hearing of this libel of information, and did 'ordor that said Marshal, by publication publica-tion and posting, cite the said P. Caldarono, Cal-darono, and all persons having or claiming, or pretending to have any right, title or intorest in said property to be and appear before the said Court at tho time and place aforesaid, then and there to mako known their claims and allegations in said matter. AND WHEREAS, under and in pursuance pur-suance of said order and the due and regular process of the abovo entitled Court, I have seized tho property herein here-in described, and said property is now in my possession; NOW, THEREFORE, in pursuance of said order, you, tho aforementioned P. Caldarone, of Sacramento, California, Califor-nia, and all persons claiming or pretending pre-tending to have any right, title or intorest in-torest in said property, aro hereby cited and admonished to be and appear ap-pear at said timo and place, then and there to mako known your claims to said property, and your allegations in that behalf. AQUILLA NEBEKER, United States Marshal for the District of Utah. |