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UNITED STATES v. W. T. RAWLEIGH CO.

No. 546.

57 F.2d 505 (1932)

UNITED STATES v. W. T. RAWLEIGH CO.

Circuit Court of Appeals, Tenth Circuit.

March 31, 1932.

Attorney(s) appearing for the Case

Ralph L. Carr, U. S. Atty., and Charles E. Works, Asst. U. S. Atty., both of Denver, Colo., for appellant.

Before PHILLIPS and McDERMOTT, Circuit Judges, and KENNEDY, District Judge.

KENNEDY, District Judge.

This is a libel suit brought under the Food and Drugs Act, 21 USCA §§ 1 to 26 (Act of June 30, 1906, 34 Stats. 768). The libel was directed against certain misbranded drugs found in the possession of the appellee. An answer was filed in which various exceptions to the libel were set forth by the appellee in the court below, among which was the following: "Because it does not appear in and from the averments contained in the said...

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