United States v. ONE DEVICE, MORE OR LESS, ETC.

LUONGO, District Judge.

This is a suit under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C.A. § 301 et seq. (hereinafter referred to as Act. Section number references will be to U.S.C.A. section numbers.) The United States filed a libel in rem (§ 334) seeking to condemn as misbranded (§ 352 (a) and § 352(f)) a certain article of device known as an Ellis Micro-Dynameter. George Morris, a chiropractor, from whom the device was seized has filed a claim thereto seeking its return.

Before me is the motion of the United States for summary judgment under Fed. R.Civ.P. 56, as amended, contending…