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UNITED STATES v. ONE DEVICE, ETC.

Nos. 3374, 3375.

160 F.2d 194 (1947)

UNITED STATES v. ONE DEVICE, INTENDED FOR USE AS A COLONIC IRRIGATOR, etc., et al. (two cases).

Circuit Court of Appeals, Tenth Circuit.

February 27, 1947.

Attorney(s) appearing for the Case

Scott M. Matheson, of Salt Lake City, Utah (Theron L. Caudle, Dan B. Shields, U. S. Atty., and Oliver K. Clay, all of Salt Lake City, Utah, John T. Grigsby, of Washington, D. C., and Lawrence E. Bobker, of New York City, on the brief), for appellant.

David H. Cannon, of Los Angeles, Cal. (Reed E. Callister, of Los Angeles, Cal., on the brief), for appellees.

Before PHILLIPS, BRATTON and HUXMAN, Circuit Judges.

HUXMAN, Circuit Judge.

The government has appealed from the judgment of the United States District Court for the District of Utah denying its prayer for the seizure and condemnation of two certain devices, each bearing a plate reading "Tox-Eliminator Tox Eliminator Co. Inc., Glendale, Calif. Ser. No. 513," and for the seizure of certain circulars which accompanied the devices. The devices are identical, differing only as to the number of the name plate attached thereto...

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