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U. S. v. AN ART. CONSISTING OF BOXES OF CLACKER BALLS

No. 74-C-73.

413 F.Supp. 1281 (1976)

UNITED STATES of America, Plaintiff, v. AN ARTICLE of hazardous substance CONSISTING OF 50,000 cardboard BOXES more or less, each containing one pair OF CLACKER BALLS, labeled in part: (Box) "* * * Kbonger * * It's Fun Test Your Skill It Bounces It Flips Count The Hits * * * Specialty Mfg. Co., Seattle, Wash. * *", Defendant.

United States District Court, E. D. Wisconsin.

May 21, 1976.

Attorney(s) appearing for the Case

Leah M. Lampone, Asst. U. S. Atty., Milwaukee, Wis., for plaintiff.

Jordan B. Reich, Kohner, Mann & Kailas, Milwaukee, Wis., for defendant.

MEMORANDUM AND ORDER

WARREN, District Judge.

This is an in rem action whereby the plaintiff United States of America seeks seizure, condemnation and destruction of some 50,000 devices known as "clacker balls", all pursuant to the Federal Hazardous Substances Act ("FHSA"), as amended, 15 U.S.C. § 1261 et seq. Jurisdiction exists under the provisions of 15 U.S.C. § 1265 and 28 U.S.C. § 1345.

The initial complaint for forfeiture...

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