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UNITED STATES v. 38 DOZEN BOTTLES, ETC.

Civ. A. No. 2317.

114 F.Supp. 461 (1953)

UNITED STATES v. 38 DOZEN BOTTLES, MORE OR LESS, LABELED IN PART TRYPTACIN.

United States District Court D. Minnesota, Third Division.

September 4, 1953.

Attorney(s) appearing for the Case

George E. MacKinnon, U. S. Atty., Minneapolis, Minn., Alex Dim, Asst. U. S. Atty., and William Risteau, Atty., Department of Health, Education, and Welfare, Chicago, Ill., for libelant.

Josiah E. Brill, Minneapolis, Minn., and Edward Brodkey, Chicago, Ill., for claimant.

BELL, District Judge.

This is a seizure action brought under Section 304(a) of the Federal Food, Drug and Cosmetic Act, 21 U.S.C.A. § 334(a). It was begun by the filing of a libel of information charging that the seized article was a drug which had been shipped in interstate commerce by the Rhodes Pharmacal Company of Cleveland, Ohio, and that the article was misbranded while in interstate commerce under 21 U.S.C.A. § 352(f)(1) by reason of the failure of...

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