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LEE v. UNITED STATES

No. 4138.

187 F.2d 1005 (1951)

LEE v. UNITED STATES.

United States Court of Appeals Tenth Circuit.

March 12, 1951.

Attorney(s) appearing for the Case

Clark Hurd, Oklahoma City, Okl., and E. B. Simmons, San Antonio, Tex., for appellant.

James M. McInerney, Asst. Atty. Gen., Robert E. Shelton, U. S. Atty., Oklahoma City, Okl., John T. Grigsby, Atty., Dept. of Justice, Washington, D. C., William J. Risteau, Atty., Federal Security Agency, for appellee.

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

PHILLIPS, Chief Judge.

This is an action to condemn certain devices, instituted under 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 devices are called "Color-Therm." Each consists of a cabinet, a series of tubes mounted thereon which produce colored lights similar to neon lights, an applicator attachable to the cabinet by an extension...

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