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UNITED STATES v. 60 28-CAPSULE BOTTLES, MORE OR LESS, ETC.

Civ. A. No. 1061-60.

211 F.Supp. 207 (1962)

UNITED STATES of America v. 60 28-CAPSULE BOTTLES, MORE OR LESS, and 47 7-Capsule Bottles, more or less, of an article of drug LABELED in part: "UNITROL * * *"

United States District Court D. New Jersey.

September 27, 1962.

Attorney(s) appearing for the Case

David M. Satz, Jr., and James D. Butler, Newark, N. J., William E. Brennan, Dept. of Health, Education and Welfare, Washington, D. C., for libellant.

Herbert S. Alterman, Passaic, N. J., Bass & Friend, by Solomon H. Friend, New York City, of counsel, for claimant Nysco Laboratories, Inc.

MEANEY, District Judge.

This action, which arises under the Federal Food, Drug and Cosmetic Act, Title 21 U.S.C. § 301 et seq., was initiated on September 30, 1959 by the filing of a libel of information in the United States District Court for the Eastern District of Michigan. The libel alleged that the Republic Drug Co., Inc., of Buffalo, New York, had shipped in interstate commerce an article of drug labeled in part

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