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UNITED STATES v. MILLER

No. 15972.

256 F.2d 89 (1958)

UNITED STATES of America, Petitioner, v. The Honorable John E. MILLER, Judge of the United States District Court for the Western District of Arkansas, Respondent. Mountain Valley Sales Company, an Arkansas corporation, H. B. McFarling and John G. Scott, Interveners.

United States Court of Appeals Eighth Circuit.

Rehearing Denied June 27, 1958.

Attorney(s) appearing for the Case

Paul M. Steffy, Attorney, Department of Health, Education, and Welfare, Washington, D. C. (Rufus D. McLean, Acting Asst. Atty. Gen., Charles W. Atkinson, U. S. Atty., Fort Smith, Ark., Frank J. Kiernan, Attorney, Department of Justice, and William W. Goodrich, Asst. Gen. Counsel, Department of Health, Education and Welfare, Washington, D. C., on the brief), for petitioner.

Robert F. Schlafly, St. Louis, Mo. (Edward L. Wright, Little Rock, Ark., and J. F. Schlafly, Jr., Alton, Ill., on the brief), for respondent.

Before SANBORN, WOODROUGH and JOHNSEN, Circuit Judges.

PER CURIAM.

This Court, on August 6, 1957, in United States v. 353 Cases * * * Mountain Valley Mineral Water, a libel proceeding, reversed the judgment appealed from. The judgment in favor of the claimants was based upon the verdict of a jury finding all issues in their favor. The reversal of the judgment by this Court was based upon its conclusion that all of the sales literature involved in advertising the water was, as a matter of law, "labeling"; that the evidence...

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