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UNITED STATES v. 48 DOZEN PACKAGES, ETC.

No. 143.

94 F.2d 641 (1938)

UNITED STATES v. 48 DOZEN PACKAGES, MORE OR LESS, OF GAUZE BANDAGE LABELED IN PART STERILIZED.

Circuit Court of Appeals, Second Circuit.

February 7, 1938.

Attorney(s) appearing for the Case

Horace W. Bigelow, of Detroit, Mich., and Morgan & Lockwood, of New York City (Breed, Abbott & Morgan, of New York City, William L. Hanaway, of New York City, of counsel), for appellant.

Lamar Hardy, U. S. Atty., of New York City (John W. Burke, Jr., Asst. U. S. Atty., of New York City, of counsel), for the United States.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

The United States seized, and then filed its libel in the District Court for the Southern District of New York to have condemned and declared forfeited, forty-eight packages of plain gauze bandages under the provisions of the Pure Food and Drugs Act § 8, as amended, 37 Stat. 416, 732, 21 U.S.C.A. § 9. The appellant appeared as claimant and answered. On issue joined, the cause came on for trial...

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