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UNITED STATES v. 893 ONE-GALLON CANS, ETC.

No. 1529.

45 F.Supp. 467 (1942)

UNITED STATES v. 893 ONE-GALLON CANS, MORE OR LESS, etc., LABELED BROWN'S INHALANT.

District Court, D. Delaware.

May 26, 1942.

Attorney(s) appearing for the Case

Stewart Lynch, U. S. Atty., and William Marvel, Asst. U. S. Atty., both of Wilmington, Del., for the Government.

Harold B. Howard, of Wilmington, Del., for Alvin J. Timmons and others.

LEAHY, District Judge.

A libel was filed which sought seizure and condemnation of certain cans containing poultry medicine. The articles were shipped from Pennsylvania into Delaware. The libel charges misbranding of the product within the meaning of the Federal Food, Drug and Cosmetic Act of June 25, 1938.1 The Marshal made seizure. The claimants, who were in possession of the articles, filed an answer denying the property was misbranded...

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