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UNITED STATES v. AN ARTICLE OF DRUG, ETC., ACNOTABS

Nos. C-694-61 and C-476-62 (Consolidated).

207 F.Supp. 758 (1962)

UNITED STATES of America, Libelant, v. AN ARTICLE OF DRUG, ETC., ACNOTABS, Respondent, and Pannett Products, Inc., Claimant.

United States District Court D. New Jersey.

August 2, 1962.

Attorney(s) appearing for the Case

David M. Satz, Jr., U. S. Atty., by Sidney E. Zion, Asst. U. S. Atty., for libelant.

Lum, Biunno & Tompkins, by Charles H. Hoens, Jr., and Joseph R. McMahon, Newark, N. J., for claimant.

Albert Viault, Manhasset, N. Y., (New York Bar), of counsel for claimant.

SHAW, District Judge.

An action in rem, pursuant to the provisions of the Federal Food, Drug and Cosmetic Act, 21 U.S.C.A. § 334, was commenced by Libelant by filing of Libel of Information in the United States District Court for the Southern District of California on June 12, 1961, to accomplish seizure of 219 individually cartoned bottles of a product described as "Acnotabs" and to obtain a decree of condemnation of the seized product on the ground that...

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