Part of a public library containing court papers related to lawsuits involving Scientology in some way. Collected to help lawyers and critics of Scientology in future lawsuits from or against this cult. Please report back if this has been of help, or send new contributions to the collection. Thanks. Andreas Heldal-Lund (heldal@online.no)

             CHURCH OF SCIENTOLOGY OF MINNESOTA et al., Appellants,
       DEPARTMENT OF HEALTH, EDUCATION & WELFARE, etc., et al., Appellees.
                                  No. 71-1507.
                         United States Court of Appeals,
                                 Eighth Circuit.
                            Submitted April 10, 1972.
                              Decided May 3, 1972.
  Appeal from the United States District Court for the District of Minnesota;
 Gunnar H. Nordbye, Senior Judge.
  Craig W. Gagnon, St. Paul, Minn., for appellants.
  Ira Leesfield, Atty., Dept. of Justice, Washington, D. C., for appellees.

  Before Mr. Justice CLARK [FN*], and VOGEL and LAY, Circuit Judges.

      FN* The Honorable Tom C. Clark, Retired Associate Justice of the Supreme
     Court of the United States, sitting by special designation.

  Plaintiffs-appellants, the Church of Scientology of Minnesota and two of its
 ministers, appeal from a decision of the United States District Court for the
 District of Minnesota, Honorable Gunnar H. Nordbye, presiding, granting summary
 judgment to appellees.
  In November, 1968, appellants received notices of detention and hearing,
 stating that a device, known as the "Hubbard Electrometer for use in
 Scientology" that had been manufactured in the United Kingdom and addressed
 to them, was being detained because it failed to comply with the Federal Food,
 Drug and Cosmetic Act, 21 U.S.C.A. s 301 et seq. [FN1]

      FN1. For a discussion of the religious tenets of the Church of Scientology
     and the use of the "Hubbard Electrometer" (E-Meter) by the Church see
     Founding Church of Scientology v. United States, 1969, 133 U.S.App.D.C.
     229, 409 F.2d 1146, 1151-1153.

  After an adverse decision at the hearing, appellants brought the instant suit
 to enjoin appellees from (1) refusing admission of E-Meters into the United
 States, (2) promulgating any policy or rule or regulation which requires
 detention of any E-Meter, and (3) from interfering in any way with the shipment
 of E-Meters addressed to appellants.
  In January, 1971, a case involving similar factual and legal issues was
 decided by the Court of Appeals for the Ninth Circuit in Church of
 Scientology of California v. Richardson, 9 Cir., 1971, 437 F.2d 214. There
 summary judgment in favor of the Secretary which had been granted by the
 District Court was affirmed on appeal. See, also, United States v. An Article
 or Device . . . "Hubbard Electrometer" or "Hubbard E-Meter," etc., Founding
 Church of Scientology et al., D.C.D.C., 1971, 333 F.Supp. 357, on remand
 from Founding Church of Scientology, supra.
  Judge Nordbye examined the literature of the Church of Scientology and found
   "* * * the E-meter as used in the auditing ceremony is an instrument which is
 used by the Church for certain diagnostic and therapeutic purposes in improving
 the health of the person audited, usually after Dianetic auditing, and
 therefore the machine and the use thereof come within the scope of Section
 352(f) (1), 21 U.S. C., and [the Court also] finds that the machines
 transported from the United Kingdom to this country and seized by the
 defendants do not bear adequate instructions for their use."
  We have reviewed appellant's contentions as against the findings of fact and
 law made by the District Court and are in complete agreement with the District
 Court. Accordingly, we affirm on the basis of Judge Nordbye's well considered
 opinion as published, D.C.Minn., 1972, 341 F.Supp. 563. Cf. Church of
 Scientology of California v. Richardson, supra.

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