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UNITED STATES v. ARTICLE CONSISTING OF 2 DEVICES, ETC.

Civ. A. No. 981.

255 F.Supp. 374 (1966)

UNITED STATES of America, Libelant, v. An ARTICLE of Device CONSISTING OF 2 DEVICES, MORE OR LESS, LABELED IN PART: "LINDQUIST CHRONOSONIC ULTRASOUND MODEL 401B * * * SERIAL 9845 (OR 9846)" "Caution: Federal law restricts this device to sale by, or on the order of, a practitioner licensed by the law of the State in which he practices, to use or order the use of the device" "* * * Lindquist Model S Muscle Stimulator R. J. Lindquist Co. * * * Los Angeles, Calif. * * * Serial No. * * *." Harold M. Shock, Sr., Intervenor.

United States District Court W. D. Arkansas, Hot Springs Division.

June 27, 1966.

Attorney(s) appearing for the Case

Charles M. Conway, U. S. Atty., Robert E. Johnson, Asst. U. S. Atty., Fort Smith, Ark., for plaintiff.

Fenton Stanley, Malvern, Ark., for defendant.

OPINION

MILLER, Chief Judge.

This is a civil in rem seizure action instituted by the United States under the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 301 et seq. The original libel was filed on April 30, 1965, but described a device or devices that were not then in the possession of the claimant.

On May 21, 1965, the court granted leave to Harold M. Shock, Sr., to intervene in this case. The intervention was filed on June 14, 1965, and...

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