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U.S. v. ART. OF DRUG CONSISTING OF FOL.: ETC.

No. C-83-0864 EFL.

568 F.Supp. 1182 (1983)

UNITED STATES of America, Plaintiff, v. ARTICLES OF DRUG CONSISTING OF FOLLOWING: AN UNDETERMINED QUANTITY OF 100-CAPSULE BOTTLES, LABELED IN PART: (bottle) "IMPORTED FROM NEW ZEALAND NEPTONE LYOPHILIZIED-HOMOGENIZED MUSSELS 100 Capsules, 260 mg. Manufactured by Aquaculture Corporation, Redwood City, CA 94063***", et al., Defendants.

United States District Court, N.D. California.

August 15, 1983.

Attorney(s) appearing for the Case

Joseph P. Russoniello, U.S. Atty., John F. Barg, Chief Asst. U.S. Atty., Civ. Div., Patrick Ramirez S. Bupara, Asst. U.S. Atty., San Francisco, Cal., for plaintiff.

Paul L. Perito, Frederick H. Graefe, Edward John Allera, Frank Koszorous, Jr., Perito, Duerk, Carlson & Pinco, P.C., Washington, D.C., for defendants and claimant; Stephen C. Gerrish, Thoits, Lehman & Love, A Professional Corp., Palo Alto, Cal., of counsel.

ORDER

LYNCH, District Judge.

On April 22, 1983, the Food and Drug Administration (FDA) seized quantities of claimant Aquaculture Corporation's (Aquaculture) green lipped mussel product, Neptone. The product was seized at the processing facilities of E. Hirschberg Freeze Drying, Inc. (Hirschberg), located in San Leandro, California.1 Hirschberg is not a party to this litigation.

Although the seizure took place on April...

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