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UNITED STATES v. 2000 PLASTIC TUBULAR CASES, MORE OR LESS, ETC.

No. 15041.

352 F.2d 344 (1965)

UNITED STATES of America v. "2000 PLASTIC TUBULAR CASES, MORE OR LESS, Each Containing 2 TOOTHBRUSHES and a Leaflet Labeled in Part: (Case) `Toothbrush Dr. Knox's Gum Brush Training Kit Conquerer of Gum Disease Trench Mouth Pyorrhea Two Brushes and Instructions * * * Cancer Seldom Occurs in a Mouth Correctly Brushed From Youth. * * * Knox Gum Brush Co., Shamokin, Pa.'", (Leaflet in Case) "Read Before Using * * * Instructions * * *" and "500 Display Cards, Reading in Part: Did You Know the Toothbrush was Misnamed? * * *", Dr. E. J. Knox, Appellant.

United States Court of Appeals Third Circuit.

Submitted July 24, 1965.

Decided September 29, 1965.

Rehearing Denied November 30, 1965.

Attorney(s) appearing for the Case

E. J. Knox, pro se.

Carlon M. O'Malley, Jr., Asst. U. S. Atty., Scranton, Pa., Bernard J. Brown, U. S. Atty., Scranton, Pa., for appellee.

Before BIGGS, Chief Judge, and FORMAN and FREEDMAN, Circuit Judges.

PER CURIAM.

We delayed the disposition of this appeal to the end that the question raised by this court sua sponte as to whether the proceedings in the court below to condemn the seized articles and materials, toothbrushes and accompanying instructions and literature, were conducted properly in the light of One 1958 Plymouth Sedan v. Com. of Pennsylvania, 380 U.S. 693, 85 S.Ct. 1246, 14 L.Ed.2d 170 (1965), in view of the facts...

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