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UNITED STATES v. FIFTY-NINE TUBES, MORE OR LESS, ETC.

32 F.Supp. 958 (1940)

UNITED STATES v. FIFTY-NINE TUBES, MORE OR LESS, OF LUTEIN TABLETS (HYNSON, WESTCOTT & DUNNING, Inc., Claimant). SAME v. SIX BOXES, MORE OR LESS, EACH CONTAINING ONE DOZEN TUBES OF LUTEIN TABLETS (HYNSON, WESTCOTT & DUNNING, Inc., Claimant).

District Court, S. D. New York.

May 7, 1940.

Attorney(s) appearing for the Case

John T. Cahill, U. S. Atty., of New York City (George B. Schoonmaker, Asst. U. S. Atty., of New York City, of counsel), for the United States.

Cravath, deGersdorff, Swaine & Wood, of New York City (Albert R. Connelly and Harold R. Medina, Jr., both of New York City, and Vernon Cook, of Baltimore, Md., of counsel), for claimant.

WOOLSEY, District Judge.

My judgment in this cause is that the libels should be dismissed, without costs, for the reasons hereinafter indicated.

I. My subject matter jurisdiction is found in the provisions of the Pure Food and Drugs Act of 1906, Section 10, Title 21 United States Code, Section 14, 21 U.S.C.A. § 14.

As this is a proceeding in rem and the tablets here in question were seized in this district on September 14, 1938, and January 3...

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