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UNITED STATES v. 38 CASES, ETC., "MR. ENZYME"

No. 15896.

369 F.2d 399 (1966)

UNITED STATES of America v. 38 CASES, More or Less * * *, etc.; Labeled in Part "MR. ENZYME", etc., Home Makers Savings Corporation, Claimant-Appellant.

United States Court of Appeals Third Circuit.

Decided December 14, 1966.

Attorney(s) appearing for the Case

Robert E. Kline, Pittsburgh, Pa. (Leonard M. Mendelson, Pittsburgh, Pa., on the brief), for appellant.

Lillian C. Scott, Dept. of Justice, Crim. Div., Administrative Regulations Section, Washington, D. C. (Gustave Diamond, U. S. Atty., Sebastian C. Pugliese, Jr., Asst. U. S. Atty., Pittsburgh, Pa., William W. Goodrich, Asst. Gen. Counsel, Joanne Sisk, Food and Drug Div., Dept. of Health, Education and Welfare, Washington, D. C., on the brief), for appellee.

Before McLAUGHLIN, KALODNER and HASTIE, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

Appellee moves to dismiss this appeal because "(1) No final decree of condemnation has been entered by the United States District Court. (2) No order has been entered concerning the disposition of the seized article. (3) The judgment appealed from is not a final judgment so as to be appealable."

The facts are as above stated in the motion. The proceeding is strictly under Section 334 of the Food, Drug and Cosmetic...

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