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DAINTY-MAID, INC. v. UNITED STATES

No. 12204.

216 F.2d 668 (1954)

DAINTY-MAID, Inc., Claimant, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Sixth Circuit.

November 19, 1954.

Attorney(s) appearing for the Case

Arthur D. Herrick, New York City, for appellant.

Ronald L. Greenberg, Asst. U. S. Atty., Detroit, Mich., Warren Olney, III, Asst. Atty. Gen., John T. Grigsby, Alvin L. Gottlieb, Washington, D. C., Frederick W. Kaess, Detroit, Mich., on the brief, for appellee.

Before SIMONS, Chief Judge, and MARTIN and STEWART, Circuit Judges.

STEWART, Circuit Judge.

Proceeding under the Federal Food, Drug, and Cosmetic Act, the United States filed two libels of information in the district court, seeking condemnation of a number of allegedly misbranded articles of device and drug and accompanying printed material. The statute forbids multiple seizures, permitting not more than one libel for condemnation based upon the same alleged misbranding, except "(1) when such misbranding has been the basis of a prior...

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