United States v. Fifty-Nine Tubes, more or less, of Lutein Tablets

WOOLSEY, District Judge.

My judgment in this cause is that the libels should be dismissed, without costs, for the reasons hereinafter indicated.

I. My subject matter jurisdiction is found in the provisions of the Pure Food and Drugs Act of 1906, Section 10, Title 21 United States Code, Section 14, 21 U.S.C.A. § 14.

As this is a proceeding in rem and the tablets here in question were seized in this district on September 14, 1938, and January 3, 1939, there can be no question of venue.

The claimant, Hynson, Westcott & Dunning, Inc., is a manufacturer of drugs at Baltimore, Maryland. The tablets…