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UNITED STATES v. ARTICLE OF DRUG

No. CIV-2-75-7.

428 F.Supp. 278 (1976)

UNITED STATES of America, Plaintiff, v. ARTICLE OF DRUG, etc., Defendant.

United States District Court, E. D. Tennessee, Northeastern Division.

Motion to Require Payment of Expenses October 21, 1976.

Motion for Review of Costs December 9, 1976.

Attorney(s) appearing for the Case

John L. Bowers, Jr., U.S. Atty., Robert E. Simpson, Asst. U.S. Atty., Knoxville, Tenn., Richard A. Merrill, Chief Counsel and Robert M. Spiller, Jr., Associate Counsel for Enforcement, Food and Drug Administration, Washington, D. C., for plaintiff.

H. R. Silvers, Greeneville, Tenn., Alan H. Kaplan, Washington, D. C., Peters O. Safir, Washington, D. C. and Robert K. DeVries, Green Pond, N. J., for defendant.

MEMORANDUM

NEESE, District Judge.

This is a civil in rem action commenced January 20, 1975 for the condemnation as adulterated of two ingredients and an article of drug into which they were incorporated as "PET-TABS-GEE" while held for sale after shipment in interstate commerce. It is claimed that these articles are "new animal drugs" which are legally unsafe, since no approved application therefor is...

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