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U.S. v. ARTICLES OF DRUG

No. 88-2535.

890 F.2d 1004 (1989)

UNITED STATES of America, Appellee, v. ARTICLES OF DRUG CONSISTING OF UNDETERMINED QUANTITIES OF DRUGS CONTAINING CAFFEINE, EPHEDRINE, EPHEDRINE SULFATE, PHENYLPROPANOLAMINE HCL, DOXYLAMINE SUCCINATE, or any combination of those ingredients, or any other ingredients or combination of ingredients in tablet, capsule or other form, in any strength, color, shape or size, in any size container or in bulk, labeled or unlabeled, the appearance of which imitates, or allows it to be sold or marketed so as to imitate any other drug, including but not limited to drug products having the following physical characteristics; small pink, purple, or white heart shaped tablets; etc.; in the possession of, Midwest Pharmaceuticals, Inc., Omaha, Nebraska, Appellant. UNITED STATES of America, Appellee, v. MIDWEST PHARMACEUTICALS, INC. a/k/a B & S Distributors, Steven F. Sommers, Appellants, Robert S. Leibert.

United States Court of Appeals, Eighth Circuit.

Decided November 27, 1989.

Attorney(s) appearing for the Case

John M. O'Connor, New York City, for appellant.

Robert M. Spiller, Jr., Rockville, Md., for appellee.

Before JOHN R. GIBSON and WOLLMAN, Circuit Judges, and BROWN, Senior Circuit Judge.

JOHN R. GIBSON, Circuit Judge.

Midwest Pharmaceuticals, Inc., appeals from a district court order permanently enjoining Midwest from selling, advertising, or marketing specified "look-alike" drug products. In an earlier appeal of this case, we remanded to the district court1 to revise its injunction to identify the specific drug products which Midwest is prohibited from selling or marketing, and the specific marketing techniques which...

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