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UNITED STATES v. SHOCK

No. 18616.

379 F.2d 29 (1967)

UNITED STATES of America, Appellant, v. Harold M. SHOCK, Sr., Appellee.

United States Court of Appeals Eighth Circuit.

June 19, 1967.

Attorney(s) appearing for the Case

Robert E. Johnson, Asst. U. S. Atty., Fort Smith, Ark., and Arthur A. Dickerman, Atty., Dept. of Health, Education and Welfare, Los Angeles, Cal., for appellant; Charles M. Conway, U. S. Atty., Fort Smith, Ark. and William W. Goodrich, Asst. Gen. Counsel, Dept. of Health, Education and Welfare, Washington, D. C., on the brief.

Fenton Stanley, Malvern, Ark., for appellee.

Before VAN OOSTERHOUT, BLACKMUN and LAY, Circuit Judges.

LAY, Circuit Judge.

This action involves a Libel of Information praying seizure and condemnation of two devices in the possession of appellee commonly known as ultrasonic machines shipped by the R. J. Lindquist Co., Los Angeles, California, to Harold Shock, Sr., a chiropractor, living in Malvern, Arkansas. The machines were condemned under the Federal Food, Drug and Cosmetic Act, Tit. 21 U.S.C. § 301 et seq., as being shipped in interstate commerce, "misbranded...

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