Opinion
No. 1600.
March 23, 1945.
Joseph F. Deeb, U.S. Atty., of Grand Rapids, Mich., for the United States.
Warner, Norcross Judd, of Grand Rapids, Mich., for defendant.
Libel under the Federal Foods, Drug and Cosmetic Act, § 1 et seq., 21 U.S.C.A. § 301 et seq., by the United States of America against 26 dozen bottles, more or less, of "Wheatamin Brand Cevigards". On motion to remand cause to the United States District Court of the Western District of Missouri, Western Division.
Motion granted.
Application of the principles of statutory construction discussed by Judge McAllister in the case of Commissioner of Internal Revenue v. Strong Mfg. Co., 6 Cir., 124 F.2d 360, 364, results in the conclusion that the words "district of reasonable proximity to the claimant's principal place of business" as used in Section 334(a) of Title 21 U.S.C.A., providing for removal for trial to another district of a libel for condemnation proceedings under the Federal Food, Drug and Cosmetic Act, do not include authority to remove to the district within which claimant's principal place of business is located. See United States v. Six Dozen Bottles, etc., D.C., 55 F. Supp. 458; U.S. v. 168 Dozen, etc. Bromo Seltzer, (unreported) decided May 25, 1939, by Judge Clancy, S. District of New York; United States v. 74 Cases, etc., D.C., 55 F. Supp. 745.
No opinion for publication.
An order will accordingly be entered remanding said cause to the United States District Court for the Western District of Missouri, Western Division.