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UNITED STATES v. ONE PACKAGE

No. 62.

86 F.2d 737 (1936)

UNITED STATES v. ONE PACKAGE.

Circuit Court of Appeals, Second Circuit.

December 7, 1936.

Attorney(s) appearing for the Case

Lamar Hardy, U. S. Atty., of New York City (Francis H. Horan and William F. Young, Asst. U. S. Attys., both of New York City, of counsel), for the United States.

Greenbaum, Wolff & Ernst, of New York City (Morris L. Ernst, Alexander Lindey, and Eugene M. Kline, all of New York City, of counsel), for Dr. Hannah M. Stone, claimant-appellee.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The United States filed this libel against a package containing 120 vaginal pessaries more or less, alleged to be imported contrary to section 305(a) of the Tariff Act of 1930 (19 U.S.C.A. § 1305 (a). From the decree dismissing the libel the United States has appealed. In our opinion the decree should be affirmed.

The claimant Dr. Stone is a New York physician who has been licensed to practice for sixteen years and has...

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