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U. S. v. AN ARTICLE OF DRUG CONSISTING OF 197 BOXES

Civ. A. Nos. L-80-23, L-80-24, L-81-9, L-81-10.

520 F.Supp. 467 (1981)

UNITED STATES of America, Plaintiff, v. AN ARTICLE OF DRUG CONSISTING OF 197 BOXES, MORE OR LESS, EACH CONTAINING 150 CAPSULES, labeled in part: (box) "* * * K.H. 3 Geriatricum-Schwarzhaupt Each capsule contains: Procain HC1 B.P. 0.05 g Hematoporphyrine base 0.002 g 150 capsules * * * Manufactured by Schwarzhaupt Ltd., Cork, Republic of Ireland * * *" etc., Defendant.

United States District Court, S. D. Texas, Laredo Division.

May 29, 1981.

Attorney(s) appearing for the Case

Anna E. Stool, Asst. U. S. Atty., Houston, Tex., for plaintiff.

Francis P. Maher, Laredo, Tex., for Premier, Inc.

Carlos Castillon, Laredo, Tex., for Inter. Bonded Warehouses.

MEMORANDUM AND ORDER

KAZEN, District Judge.

Each of the above four cases involves the identical law question based on virtually identical facts. In each case, the United States seeks to condemn various boxes of a drug labeled either "K.H.3 Schwarzhaupt" or "K.H.3 Geriatricum-Schwarzhaupt" (hereinafter referred to simply as "K.H.3"). It is undisputed that the same drug is involved in all four cases. Premier, Inc. has appeared as an interested party in one...

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