UNITED STATES v. ARTICLE . . . CONSIST. OF 216 CARTON. BOT.

No. 367, Docket 32847.

409 F.2d 734 (1969)

UNITED STATES of America, Appellant, v. An ARTICLE . . . CONSISTING OF 216 individually CARTONED BOTTLES, MORE OR LESS, of an Article Labeled in part: SUDDEN CHANGE, etc., Hazel Bishop, Inc., Appellee.

United States Court of Appeals Second Circuit.

Decided April 8, 1969.


Attorney(s) appearing for the Case

Carl Golden, Special Asst. U. S. Atty. (Joseph P. Hoey, U. S. Atty., Eastern District of New York, on the brief), for appellant.

Andrew J. Graham, New York City (Graham, McGuire & Campaign, William L. McGuire, and Joseph J. Bosco, New York City, on the brief), for appellee.

Vincent A. Kleinfeld, Alan H. Kaplan, Stanley J. Krieger, Kleinfeld & Kaplan, Washington, D. C., Fuller Holloway Hamel, Morgan, Park & Saunders, Washington, D. C., on the brief of the Toilet Goods Association, Inc., as amicus curiae.

Before ANDERSON and FEINBERG, Circuit Judges, and MANSFIELD, District Judge.


ANDERSON, Circuit Judge:

This is an appeal in a seizure action from an order of the United States District Court for the Eastern District of New York entered on July 30, 1968, denying the Government's motion for summary judgment and granting summary judgment for the claimant. The seizure concerned 216 bottles of a cosmetic product called "Sudden Change" which is a clear liquid lotion consisting primarily of two ingredients...

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