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UNITED STATES v. 23 7/12 DOZEN BOTTLES, 35-CENT SIZE, ETC.

No. 3331.

44 F.2d 831 (1930)

UNITED STATES v. 23 7/12 DOZEN BOTTLES, 35-CENT SIZE, AND 12 2/3 DOZEN BOTTLES, 70-CENT SIZE, OF AN ARTICLE OF DRUGS LABELED IN PART "LEE'S SAVE THE BABY."

District Court, D. Connecticut.

October 17, 1930.

Attorney(s) appearing for the Case

John Buckley, U. S. Atty., and George H. Cohen, Asst. U. S. Atty., both of Hartford, Conn., and Elton L. Marshall, Sol. of United States Department of Agriculture, and John F. Morse, Asst. to the Solicitor, both of Washington, D. C., for libelant.

Ransom H. Gillett, of Albany, N. Y. (Raymond E. Hackett, of Stamford, Conn., of counsel), for claimant.

THOMAS, District Judge.

This is a proceeding in rem against a certain drug preparation known as "Lee's Save the Baby," which name is and has been registered in the United States Patent Office for many years. The United States filed its libel for condemnation against certain bottles and their contents, shipped in interstate commerce, and prayed that the same be condemned upon the ground that they were misbranded within the...

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