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UNITED STATES v. ARTICLES OF DRUG . . . HORMONIN

Civ. A. No. 80-587.

498 F.Supp. 424 (1980)

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

United States District Court, D. New Jersey.

August 29, 1980.

Attorney(s) appearing for the Case

Robert J. Del Tufo, U. S. Atty., by Charles J. Walsh, Asst. U. S. Atty., Newark, N. J., and Kathleen A. Blackburn, Gen. Counsel FDA, Food and Drug Administration, Rockville, Md., for United States.

Lasser, Hochman, Marcus, Guryan & Kuskin, by Richard L. Zucker, West Orange, N. J., and Hamel, Park, McCabe & Saunders, by Raymond D. McMurray, William R. Pendergast, Peter S. Reichertz, Washington, D. C., for defendant.

OPINION

MEANOR, District Judge.

This action was commenced on March 3, 1980 by the filing of a complaint for forfeiture pursuant to the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq. The complaint alleged that the articles of drug Hormonin No. 1 tablets and Hormonin No. 2 tablets were "new drugs", as defined in 21 U.S.C. § 321(p), which had not received approval for marketing pursuant...

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