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UNITED STATES v. RESEARCH LABORATORIES

No. 9898.

126 F.2d 42 (1942)

UNITED STATES v. RESEARCH LABORATORIES, Inc.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied April 2, 1942.

Attorney(s) appearing for the Case

J. Charles Dennis, U. S. Atty., of Seattle, Wash., and Frank Hale, Asst. U. S. Atty., of Tacoma, Wash., and Wm. W. Barron, Atty., Department of justice, of Washington, D. C., for appellant.

Howard P. Arnest and William S. Nash, both of Portland, Or., and Stephen F. Chadwick, Orville H. Mills, and Chadwick, Chadwick & Mills, all of Seattle, Wash., for appellee.

Before DENMAN, MATHEWS, and STEPHENS, Circuit Judges.

MATHEWS, Circuit Judge.

In the District Court of the United States for the Western District of Missouri, 143 packages of a drug called Nue-Ovo were proceeded against by appellant, the United States, on a libel for condemnation under § 304(a) of the Federal Food, Drug and Cosmetic Act,1 21 U.S.C.A. § 334(a). On application of appellee, Research Laboratories, Incorporated, claimant of the...

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