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  5. 885 F.Supp. 1025 (1995)
 

U.S. v. ONE UNLABELED UNIT

No. 1:93CV1724.

885 F.Supp. 1025 (1995)

UNITED STATES of America, Plaintiff, v. ONE UNLABELED UNIT, MORE OR LESS, OF AN ARTICLE OF DEVICE AND PROMOTIONAL BROCHURES, Accompanying Labeling, Labeled in Part: (brochure) "* * * Thor of Genesis I * * * Vibrational Sound Instrument * * * Manufactured by: Chakras Sound Systems, Inc. * * * Richmond Heights, Ohio * * *", Defendant.

United States District Court, N.D. Ohio, Eastern Division.

February 21, 1995.

Attorney(s) appearing for the Case

Iden Grant Martyn, Alexander A. Rokakis, Office of the U.S. Atty., Cleveland, OH, Christopher B. McHenry, U.S. Food and Drug Admin., Rockville, MD, for plaintiff.

Paige A. Martin, South Euclid, OH, for defendant.

MEMORANDUM OF OPINION AND ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND MOTION TO DISMISS

WELLS, District Judge.

This case is before the Court on the United States of America's motion for summary judgment on its complaint and its motion to dismiss the claimant's counterclaims or alternatively for summary judgment on the counterclaims.

This is an in rem action for seizure and condemnation of an article of device under the...

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