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FOUNDING CHURCH OF SCIENTOLOGY v. UNITED STATES

No. 21483.

409 F.2d 1146 (1969)

The FOUNDING CHURCH OF SCIENTOLOGY OF WASHINGTON, D. C., et al., Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided February 5, 1969.

Petition for Rehearing Denied April 18, 1969.

Attorney(s) appearing for the Case

Mr. Oscar H. Brinkman, Washington, D. C., for appellants.

Mr. Nathan Dodell, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker, Asst. U. S. Atty., William W. Goodrich, Assistant General Counsel, Department of Health, Education and Welfare, and Joanne S. Sisk, Attorney, Department of Health, Education and Welfare, were on the brief, for appellee.

Before WRIGHT, McGOWAN and ROBINSON, Circuit Judges.

J. SKELLY WRIGHT, Circuit Judge:

This is an appeal from a judgment and decree of condemnation and destruction against several electrical instruments and a large quantity of literature owned by claimants-appellants, The Founding Church of Scientology of Washington, D. C. and various individual adherents of that organization. The instruments and literature were seized by the Food and Drug Administration as "devices" with accompanying "false and misleading labeling"...

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