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U.S. v. PRO-AG, INC.

Civ. No. 4-89-560.

796 F.Supp. 1219 (1991)

UNITED STATES of America, Plaintiff, v. PRO-AG, INC., a corporation and Spencer W. Landswerk, an individual, Defendants.

United States District Court, D. Minnesota, Fourth Division.

On Motion for Reconsideration July 15, 1991.

Attorney(s) appearing for the Case

Mary Jo Madigan, U.S. Atty. Office, Jerome G. Arnold, U.S. Atty., and Mary J. Atmore, Asst. U.S. Atty., Minneapolis, Minn., and Denise M. Zavagno, Associate Chief Counsel for Enforcement, Food and Drug Admin., Office of Gen. Counsel, Rockville, Md., for plaintiff.

Paul Allan Sortland and Messerli & Kramer, Minneapolis, Minn., John A. Cochrane, John E. Thomas, and Cochrane & Bresnahan, St. Paul, Minn., for Impro Products, Inc.

DOTY, District Judge.

This matter is before the court on the parties' cross-motions for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Additionally, defendants move for an award of attorneys' fees pursuant to 28 U.S.C. § 2412. For the reasons stated herein, plaintiff's motion for summary judgment will be granted in part and denied in part. Defendants' motions for summary judgment and attorneys' fees will be denied.

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