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UNITED STATES v. 39 CASES, MORE OR LESS, ETC.

Civ. A. No. 20215.

192 F.Supp. 51 (1961)

UNITED STATES of America v. An article of drug consisting of 39 CASES, MORE OR LESS, each containing 48 60-tablet bottles, and 1 case, containing 24 60-tablet bottles, more or less, labeled in part (bottle): "MICH. BRAND KORLEEN TABLETS, Contains: Choline Citrate, Inositol, Methionine, Cysteine, Niacinamide, Thiamin (Vitamin B) with excipients. 60 tablets * * * Lelord Kordel of Michigan, Detroit * * * 6009", etc.

United States District Court E. D. Michigan, S. D.

March 14, 1961.

Attorney(s) appearing for the Case

George E. Woods, Jr., U. S. Atty., Jerome A. Moore, Asst. U. S. Atty., Detroit, Mich., for libelant.

Solomon H. Friend, Bass & Friend, New York City, for claimant.

LEVIN, Chief Judge.

The claimant has filed this motion for partial summary judgment on the ground that the seized "Michigan Brand Korleen Tablets" were not shipped in interstate commerce or held for sale after shipment in interstate commerce and consequently are not subject to the provisions of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C.A. § 301 et seq.

The Government, in the libel of information, alleged that the Korleen Tablets were misbranded...

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