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UNITED STATES v. 44 CASES

November 12, 1951

UNITED STATES
v.
44 CASES, ETC., VIVIANO SPAGHETTI WITH CHEESE. UNITED STATES V. 400 CASES, ETC., VIVIANO SPAGHETTI WITH CHEESE. UNITED STATES V. 1560 CASES, ETC., VIVIANO SPAGHETTI WITH CHEESE. UNITED STATES V. 354 CASES, ETC., CANNED SPAGHETTI.



The opinion of the court was delivered by: Wham, Chief Judge.

The above consolidated cases have been tried on their merits in this court by virtue of an order of consolidation and transfer entered by the United States District Judge for the Southern District of Ohio entitled and reading as follows:

                    "United States of America
               In The United States District Court
                For The Southern District of Ohio
                        Western Division.
"United States of America              }
                                       }  No. 2516 (Civil)
      v.                               }  FDC No. 30143.
                                       }  In the District Court
44 Cases, more or less, of an article  }  of the United States,
labeled in part `Viviano Spaghetti     }  for the Southern
With Cheese.'                          }  District of Ohio,
                                       }  Western Division, at
                                       }  Cincinnati.
"United States of America              }
                                       }  No. 2517 (Civil)
      v.                               }  FDC No. 30144.
                                       }  In the District Court
400 Cases, more or less, of an article }  of the United States,
labeled in part `Viviano Spaghetti     }  for the Southern
With Cheese'                           }  District of Ohio,
                                       }  Western Division, at
                                       }  Cincinnati.
"United States of America              }
                                       }  No. 2518 (Civil)
      v.                               }  FDC No. 30142.
                                       }  In the District Court
1560 Cases, more or less of an article }  of the United States,
labeled in part `Viviano Spaghetti     }  for the Southern
With Cheese'                           }  District of Ohio,
                                       }  Western Division, at
                                       }  Cincinnati.
"United States of America              }
                                       }  No. 10052
      v.                               }  In the District Court
                                       }  of the United States,
354 Cases, more or less, of Canned     }  for the Eastern
Spaghetti.                             }  District of Michigan,
                                       }  Southern Division, at
                                       }  Detroit.

"Order

"The motion of Viviano Foods, Inc., intervenor herein and claimant of the property that is libeled in the above captioned cases, coming on for hearing and the Court being advised that a similar motion has been filed in a libel case pending in the Eastern District of Michigan, Southern Division, at Detroit, Michigan and it appearing to the Court that the United States of America, through United States District Attorney is not opposed to the granting of said motion, and it appearing to the Court that in the cases pending in this jurisdiction and in the jurisdiction of the Eastern District of Michigan, Southern Division, the same claimant is involved, and it appearing to the Court that the claimant's principal place of business is in the City of St. Louis, State of Missouri, and it appearing to the Court that by granting the motion herein, it will effect an economy of time and traveling and other expenses, and it appearing to the Court that the United States District Court for the Eastern District of Illinois, sitting at the City of East St. Louis, State of Illinois, is a district located within reasonable proximity to the claimant's principal place of business,

"Now, Therefore, it is ordered, adjudged and decreed that the motion for consolidation and transfer of said causes of action now pending in this Court and in the United States District Court for the Eastern District of Michigan, Southern Division at Detroit, Michigan, are herewith consolidated and herewith transferred for trial to the United States District Court for the Eastern District of Illinois, sitting at the City of East St. Louis, State of Illinois.

"It is further ordered that the Clerk of the United States District Court for the Southern District of Ohio, Western Division, promptly transmit a certified copy of this order and the records in the above entitled action, to the Clerk of the United States District Court for the Eastern District of Illinois, pursuant to Section 21 U.S.C. § 334(f)(1).

             "S/ John H. Druffel
           United States District Judge."

The F.D.C. number assigned each libel except the last appears in the title to said order and the F.D.C. number of the last is 30178. For purposes of convenience its F.D.C. number will be used to identify the particular case and shipment to which reference may be made in this memorandum.

The principal place of business of the claimant, Viviano Foods, Inc., a corporation, is in St. Louis, Missouri, and this district is a district of reasonable proximity to the claimant's principal place of business.

The libels are based wholly on the federal statute commonly known as the Federal Food, Drug and Cosmetic Act, Title 21 U.S.C.A. ยง 301 et seq. This Act rests upon the constitutional power of Congress to regulate interstate commerce, and seeks to keep interstate commerce free from deleterious, adulterated and misbranded articles of specified types to the end that public health ...


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