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UNITED STATES v. WESTERN SERUM CO., INC.

Civ. No. 77-925. Phx. WPC.

498 F.Supp. 863 (1980)

UNITED STATES of America, Plaintiff, v. WESTERN SERUM COMPANY, INC., Chemalytics, Inc., Iatric Corporation, corporations, and Wallace F. Schmidt, Edward J. Prochaska, William T. Northey, and Rickie M. Adams, individuals, Defendants.

United States District Court, D. Arizona.

October 10, 1980.

Attorney(s) appearing for the Case

James P. Loss, Asst. U. S. Atty., Phoenix, Ariz., Richard E. Geyer, Associate Chief Counsel for Veterinary Medicine, Food and Drug Admin., Rockville, Md., for plaintiff.

Steven A. Cohen, of Levenbaum, Cohen & Reed, Phoenix, Ariz., for defendants.

MEMORANDUM AND ORDER

COPPLE, District Judge.

In this enforcement action instituted by the United States under the Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 301-392 (1976) [the "Act"], the government seeks to enjoin the Western Serum Company and its principal officers from marketing "adulterated" drugs as prohibited by § 301(a) of the Act, 21 U.S.C. § 331(a). Section 302(a), 21 U.S.C. § 332(a), authorizes this Court to issue an injunction...

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