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UNITED STATES v. WOOD

No. 7040.

226 F.2d 924 (1955)

UNITED STATES of America, Appellant, v. Mrs. W. B. WOOD, Jr., claimant, Appellee.

United States Court of Appeals Fourth Circuit.

Decided November 7, 1955.

Attorney(s) appearing for the Case

Frank J. Kiernan, Atty., Department of Justice, Alexandria, Va. (Warren Olney, III, Asst. Atty. Gen., L. S. Parsons, U. S. Atty., and William J. Risteau, Atty., Department of Health, Education, and Welfare, on the brief), for appellant.

Charles W. Sydnor, Richmond, Va., for appellee.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

DOBIE, Circuit Judge.

This case arose on a libel of information, filed in the Eastern District of Virginia, under Section 304(a) of the Federal Food, Drug and Cosmetic Act, 21 U.S. C.A. § 334(a), praying seizure and condemnation of an article of drug known as "Diabena." The libel alleged that the drug had been shipped in interstate commerce; that certain descriptive literature became associated with it after its interstate shipment; and that it was misbranded...

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