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UNITED STATES v. SIX DOZEN BOTTLES, ETC.

No. 9047.

158 F.2d 667 (1947)

UNITED STATES v. SIX DOZEN BOTTLES, MORE OR LESS, OF "DR. PETER'S KURIKO" etc. DR. PETER FAHRNEY & SONS CO. v. UNITED STATES.

Circuit Court of Appeals, Seventh Circuit.

January 2, 1947.

Attorney(s) appearing for the Case

Joseph V. Quarles and Arthur Wickham, both of Milwaukee, Wis., John Lyle Vette and Henry Junge, both of Chicago, Ill., for appellant.

Timothy T. Cronin, U. S. Atty., of Milwaukee, Wis., Theron L. Caudle, Asst. Atty. Gen. (John T. Grigsby, Atty., Department of Justice, of Washington, D. C., and Bernard D. Levinson, Atty., Federal Security Agency, of Boston, Mass., of counsel), for appellee.

Before MAJOR, KERNER, and MINTON, Circuit Judges.

MAJOR, Circuit Judge.

This is an appeal from a decree entered January 22, 1946, in a proceeding commenced by the filing of a Libel Information under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C.A. § 301 et seq., which prayed the condemnation of an article called Dr. Peter's Kuriko, on the ground that it was misbranded when in interstate commerce. The res involved is a medicine manufactured by Dr. Peter Fahrney & Sons Company, referred to as the claimant...

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