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UNITED STATES v. ARTICLES . . . PROVIMI

Civ. No. 76-871.

425 F.Supp. 228 (1977)

UNITED STATES v. ARTICLES . . . PROVIMI, etc.

United States District Court, D. New Jersey.

January 21, 1977.

Attorney(s) appearing for the Case

Jonathan L. Goldstein, U.S. Atty., by Kenneth N. Laptook, Asst. U.S. Atty., Newark, N.J. and Edward Basile, Asst. Chief Counsel, for Enforcement of Food and Drug Administration, for plaintiff.

Fox, Carpenter & O'Neil by Bruce C. O'Neil, Milwaukee, Wis., for defendant.

MEMORANDUM ORDER

BIUNNO, District Judge.

Following the partial hearing in this case in December, 1976, both sides have submitted memoranda on the question whether the court can, and if it can, should, order that the Articles be brought into compliance by reconditioning, as provided by 21 U.S.C. § 334(d).

Except for the data showing the proportions of challenged items in the existing products, and the proportions ensuing after the proposed blending...

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