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UNITED STATES v. ARTICLES OF DEVICE, ETC.

No. 72-1210.

481 F.2d 434 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. ARTICLES OF DEVICE consisting of the following: * * * "KuF DIATHERAPUNCTEUR, ETC. * * * DETECTEUR NIBOYET GMG SCHMIDT D'ACUPUNCTURE," etc., et al., Defendant-Appellant, and F. K. Bellokossy, M. D., Claimant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided May 30, 1973.

Attorney(s) appearing for the Case

Herbert W. DeLaney, Jr., Denver, Colo., on the brief for defendant-appellant and claimant-appellant.

James L. Treece, U. S. Atty., Gregory B. Hovendon, Chief, Consumer Affairs Section, Howard S. Epstein, Atty. Antitrust Div., Dept. of Justice (Peter Barton Hutt, Asst. Gen. Counsel, Food, Drugs, and Product Safety Div., Joanne S. Sisk, Robert E. Wilmoth, and Jay H. Geller, Attys., Dept. of Health, Education, and Welfare, Washington, D.C., of counsel), on the brief for plaintiff-appellee.

Before SETH, McWILLIAMS and BARRETT, Circuit Judges.

SETH, Circuit Judge.

This is an action for forfeiture of two machines seized in a doctor's office under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq. It is alleged in the complaint that the machines were misbranded in that the labels did not contain adequate directions for diagnosis and treatment of human diseases.

There are two machines against which the proceedings were brought and which were ordered condemned and destroyed by the...

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