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UNITED STATES v. 4 DEVICES, ETC.

No. 3899.

176 F.2d 652 (1949)

UNITED STATES v. 4 DEVICES, LABELED IN PART "COLOR-THERM" et al.

United States Court of Appeals Tenth Circuit.

July 27, 1949.

Attorney(s) appearing for the Case

Robert E. Shelton, U. S. Atty., Oklahoma City, Okl. (Alexander M. Campbell, Asst. Atty. Gen., and Joseph L. Maguire, Atty., Federal Security Agency, Washington, D. C., on the brief), for appellant.

Clark Hurd, Oklahoma City, Okl. (E. B. Simmons, San Antonio, Tex., on the brief), for appellees.

Before PHILLIPS, Chief Judge, and HUXMAN and MURRAH, Circuit Judges.

PHILLIPS, Chief Judge.

This is an appeal from an order dismissing an action to condemn instituted un-the Federal Food, Drug, and Cosmetic Act, 52 Stat. 1040, as amended by the Act of June 24, 1948, 62 Stat. 582, 21 U.S.C.A. §§ 301-392.1

The action was commenced by filing a libel seeking the seizure and condemnation of 4 devices, 9 applicators, 15 cabinets, 14 transformers, and certain documents designated as instructions...

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