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L & M INDUSTRIES, INC. v. KENTER

No. 70 C 1453.

321 F.Supp. 1131 (1971)

L & M INDUSTRIES, INC., Plaintiff, v. George F. KENTER, Food and Drug Hearing Officer, Food and Drug Administration, Brooklyn, New York, Defendant.

United States District Court, E. D. New York.

January 5, 1971.

Attorney(s) appearing for the Case

Bass & Ullman, New York City, for plaintiff; by Robert Ullman, New York City, of counsel.

Edward R. Neaher, U. S. Atty., for defendant; by Carl I. Stewart, Asst. U. S. Atty.

BRUCHHAUSEN, District Judge.

The plaintiff moves for an order, restraining the defendant, hereinafter called F.D.A., from the further detention of plaintiff's goods and requiring defendant to act upon plaintiff's Application for Authorization to Relabel and release the said goods to it.

The movant, in its affidavit sworn to the 24th day of November, 1970 alleges that on September 25, 1970, the F.D.A. caused a...

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