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COLUSA REMEDY CO. v. UNITED STATES

No. 13733.

176 F.2d 554 (1949)

COLUSA REMEDY CO. v. UNITED STATES.

United States Court of Appeals Eighth Circuit.

July 28, 1949.

Attorney(s) appearing for the Case

William G. Boatright, Kansas City, Mo., and B. F. Butler, Waterloo, Iowa (Walter M. Gleason, San Francisco, Cal., was on the brief), for appellant.

Tobias E. Diamond, United States Attorney (Sioux City, Iowa (Alexander M. Campbell, Assistant Attorney General, Wm. B. Danforth, Assistant United States Attorney, Sioux City, Iowa, Vincent A. Kleinfeld and John T. Grigsby, Attorneys, Department of Justice, and Bernard D. Levinson, Attorney, Federal Security Agency, Washington, D. C., were with him on the brief), for appellee.

Before GARDNER, Chief Judge, and THOMAS and RIDDICK, Circuit Judges.

THOMAS, Circuit Judge.

This is an appeal by the claimant from decrees entered under § 304 of the Federal Food, Drug, and Cosmetic Act, 21 U.S. C.A. § 334, condemning shipments in interstate commerce of certain drugs on the ground that they were misbranded within the meaning of § 502(a) of the Act, 21 U.S.C.A. § 352(a).

Six libel proceedings were commenced by the government in three different jurisdictions to condemn six shipments in interstate...

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