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UNITED STATES v. ELEVEN CARTONS OF DRUG, ETC.

No. 4317.

59 F.2d 446 (1932)

UNITED STATES v. ELEVEN CARTONS OF DRUG LABELED IN PART "VAPEX." In re E. FOUGERA & CO., Inc.

District Court, D. Maryland.

June 7, 1932.

Attorney(s) appearing for the Case

Simon E. Sobeloff, U. S. Atty., and James K. Cullen, Asst. U. S. Atty., both of Baltimore, Md., and Elton L. Marshall, Sol., and John F. Moore, Asst. to Sol., Department of Agriculture, both of Washington, D. C., for the United States.

Louis J. Burger (of Hinkley, Hisky & Burger), of Baltimore, Md., and Walter L. Post, of New York City, for claimant.

CHESNUT, District Judge.

In this proceeding at law (by the applicable statute called a libel) the Government seeks to condemn a quantity of "Vapex," shipped in interstate commerce, on the ground that it is misbranded under section 8, paragraph 2, of the Food and Drugs Act of Congress (United States Code, title 21, § 10 [21 USCA § 10]).

The misbranding is alleged to result from the failure of the package "to bear a statement on the label of the quantity...

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