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URBETEIT v. UNITED STATES

No. 12033.

164 F.2d 245 (1947)

URBETEIT v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

November 7, 1947.

Attorney(s) appearing for the Case

H. O. Pemberton, of Tallahassee, Fla., for appellant.

John T. Grigsby and Vincent A. Kleinfeld, both of Washington, D. C., and George Earl Hoffman, U. S. Attorney, of Pensacola, Fla., for the United States.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.

SIBLEY, Circuit Judge.

Under the Food, Drug, and Cosmetics Act of 1938, § 304, 21 U.S.C.A. § 334, 16 electrical machines or devices were seized for condemnation in Ohio as having been misbranded when shipped in interstate commerce from Tampa, Florida, by appellant Fred Urbeteit to J. J. H. Kelsch at Cincinnati. The misbranding was alleged to consist in printed matter which accompanied them while in interstate commerce...

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