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UNITED STATES v. ARTICLES OF DRUG, ETC.

Civ. No. 01485.

263 F.Supp. 212 (1967)

UNITED STATES of America, Libelant, v. ARTICLES OF DRUG, ETC., Claimant.

United States District Court D. Nebraska.

January 4, 1967.

Attorney(s) appearing for the Case

Walter E. Byerly, Gen. Counsel, Dept. of Health, Education and Welfare, Washington, D. C., and R. J. Blumenthal, Asst. U. S. Atty., District of Nebraska, for libelant.

Robert C. McGowan, Omaha, Neb., and Kirkpatrick W. Dilling, Chicago, Ill., for claimant.

MEMORANDUM

RICHARD E. ROBINSON, Chief Judge.

This action arose under the provisions of the Federal Food, Drug, and Cosmetic Act, Title 21, U.S.C. § 301 et seq. Specifically, Libelant asks this Court to condemn certain articles alleged to be misbranded under the terms of the Act.

Seizure and condemnation are provided for at Title 21 U.S.C. § 334:—

"Any article of food, drug, device, or cosmetic that is adulterated or misbranded...

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