United States v. Urbuteit, 336 U.S. 804 (1949)

United States v. Urbuteit

No. 640

Decided May 2, 1949
336 U.S. 804

ON PETITION FOR WRIT OF CERTIORARI TO THE

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

Syllabus

In reversing the decision below in this condemnation proceeding under the Federal Food, Drug, and Cosmetic Act and remanding the case to the Court of Appeals, 335 U.S. 355, this Court decided that the separate shipment of certain machines and certain leaflets relative to their alleged diagnostic and curative value was immaterial because the movement of the machines and leaflets constituted a single interrelated activity; but it left for consideration by the Court of Appeals the question whether the evidence as to the falsity of the advertising as to the diagnostic capabilities of the machines was adequate to sustain their condemnation even though error in exclusion of other evidence were conceded.

Held: the United States was entitled to a hearing on the latter question, and the Court of Appeals failed to follow the mandate of this Court when it remanded the case to the District Court for determination of a question as to which of the shipments might be considered a single interrelated activity. Pp. 804-806.

172 F.2d 386, reversed.

After the decision of this Court, reversing the decision below and remanding this case to the Court of Appeals, 335 U.S. 355, the latter court remanded it to the District Court for further proceedings. 172 F.2d 386. Certiorari granted, and judgment reversed, p. 806.