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GEORGE H. LEE CO. v. UNITED STATES

No. 6052.

41 F.2d 460 (1930)

GEORGE H. LEE CO. v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

June 9, 1930.

Attorney(s) appearing for the Case

Loeb, Walker & Loeb, of Los Angeles, Cal. (Gaines, McGilton, Van Orsdel & Gaines, of Omaha, Neb., and Martin Gang, of Los Angeles, Cal., and Frank Gaines, of Omaha, Neb., of counsel), for appellant.

Samuel W. McNabb, U. S. Atty., and Harry Graham Balter, Asst. U. S. Atty., both of Los Angeles, Cal. (Elton L. Marshall, Solicitor, U. S. Dept. of Agriculture, and John F. Moore, Asst. to Solicitor, both of Washington, D. C., of counsel), for the United States.

Before RUDKIN, DIETRICH, and WILBUR, Circuit Judges.

DIETRICH, Circuit Judge.

For more than twenty years the appellant, George H. Lee Company, has been and it now is engaged in the manufacture of a preparation known as Lee's Lice Killer, which it sells with the representation that it will destroy poultry lice. In 1926 and 1927 it shipped on consignment certain cans of the preparation from its principal place of business at Omaha, Neb., to the Germain Seed & Plant Company in Los Angeles, Cal. Upon the assumption...

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