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URBETEIT v. UNITED STATES

No. 12033.

176 F.2d 438 (1949)

Fred URBETEIT, Claimant of 16 Articles of Device, more-or-less, labeled "Sinuothermic", etc. v. UNITED STATES of America.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 13, 1949.

Attorney(s) appearing for the Case

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

George Earl Hoffman, U. S. Atty., Pensacola, Fla., Vincent A. Kleinfeld, Atty. Dept. of Justice, Washington, D. C., John T. Grigsby, Atty. Dept. of Justice, Washington, D. C., for appellee.

Before HUTCHESON, SIBLEY, and HOLMES, Circuit Judges.

PER CURIAM:

The motion to affirm is granted. U. S. v. Urbuteit, 69 S.Ct. 840.

SIBLEY, Circuit Judge (dissenting.)

My brethren feel compelled by the opinions of the Supreme Court in this case to grant the Government's motion to affirm the decree of the District Court forfeiting the sixteen electric machines seized as misbranded. The last mandate does not direct us to affirm. If it did, the full responsibility for a wrong decision would be on the Supreme...

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