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RIDD LABORATORIES v. UNITED STATES

No. 14232.

203 F.2d 217 (1953)

RIDD LABORATORIES, Inc. et al. v. UNITED STATES.

United States Court of Appeals Fifth Circuit.

April 2, 1953.

Attorney(s) appearing for the Case

Catlett, Hartman, Jarvis & Williams, Seattle, Wash., Clark, Coon, Holt & Fisher, Pat Coon and Ramsey Clark, all of Dallas, Tex., Fred W. Catlett and Dwight D. Hartman, Seattle, Wash., for appellant.

William Cantrell, Jr., Asst. U. S. Atty., Dallas, Tex., Charles B. Murray, Asst. Atty. Gen., Frank B. Potter, U. S. Atty., Fort Worth, Tex., Paul M. Steffy, Attorney Federal Security Agency, Washington, D. C., of counsel, for appellee.

Before HUTCHESON, Chief Judge, and HOLMES and RIVES, Circuit Judges.

HUTCHESON, Chief Judge.

This is an appeal from a judgment of condemnation and forfeiture entered pursuant to a libel charging misbranding under section 301 et seq. of the Federal Food, Drug and Cosmetic Act.1 Bringing them up for our review, claimant below, appellant here, makes serious complaint of three adverse rulings of the district judge, including his finding that the powder was misbranded.

The primary one of the rulings...

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