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U.S. v. VARIOUS ARTICLES OF DEVICE

No. CIV-2-91-416.

814 F.Supp. 31 (1992)

UNITED STATES of America v. VARIOUS ARTICLES OF DEVICE IDENTIFIED IN ATTACHMENT "A" Which Include Sporicidin Brand Disinfectant Agents and Sporicidin Cold Sterilizing Solution.

United States District Court, E.D. Tennessee, at Greeneville.

Motion to Withdraw Denied October 13, 1992.

Attorney(s) appearing for the Case

Gail L. Schmerfeld, Asst. Chief Counsel for Enforcement, Food and Drug Admin., D. Gregory Weddle, Asst. U.S. Atty., Knoxville, TN, for U.S.

Robert Van de Vurst, Jeffrey H. Benedict, Baker, Worthington, Crossley, Stansberry & Woolf, Johnson City, TN, for Chem-Mix.

Bruce Shine, Kingsport, TN, and Donald E. Segal, Robert G. Pinco, Judith R. Brunton, Marshall L. Miller, Baker & Hostetler, Washington, DC, for Sporicidin.

ORDER

February 26, 1992

HULL, District Judge.

This seizure action is before the Court to consider a motion to dismiss filed by the defendants based upon lack of subject matter jurisdiction and failure to state a claim upon which relief may be granted. After a careful review of the record as a whole, the Court finds that Sporicidin's disinfecting products are devices within the meaning of the FFDCA, 21 U.S.C. § 321(h) because they are intended...

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