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UNITED STATES v. X-OTAG PLUS TABLETS

Civ. A. Nos. 77-F-248 and 77-F-719.

441 F.Supp. 105 (1977)

UNITED STATES of America, Plaintiff, v. An article of drug consisting of the following: 15,866/50-tablet bottles, more or less, and 512/500-tablet bottles, more or less, labeled in part: (bottle) Tutag Pharmaceuticals, Broomfield, Colorado * * * X-Otag Plus Tablets Each tablet contains: Orphenadrine citrate 50 mg., Acetaminophen 325 mg. Caution: Federal law prohibits dispensing without prescription * * * X-OTAG PLUS TABLETS * * * 76/2 Tutag Pharmaceuticals, Inc., Broomfield, Colorado 80020 and undetermined quantities of the aforesaid article labeled as aforesaid, Defendant. UNITED STATES of America, Plaintiff, v. TUTAG PHARMACEUTICALS, INC., a corporation, and Stanley J. Tutag, an Individual, Defendants.

United States District Court, D. Colorado.

November 7, 1977.

Attorney(s) appearing for the Case

Joseph F. Dolan, U.S. Atty. by Lena A. Wilson, Asst. U.S. Atty., Denver, Colo., Donald O. Beers, Asst. Chief Counsel, Food and Drug Administration, Rockville, Md., for plaintiff.

Cassandra G. Sasso, Jeffrey Weinman, Dawson, Nagel, Sherman & Howard, Denver, Colo., William R. Pendergast, Wayne H. Matelski, McMurray & Pendergast, Washington, D.C., for defendant.

MEMORANDUM OPINION AND JUDGMENT

SHERMAN G. FINESILVER, District Judge.

The United States has brought two actions premised on violation of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 301 et seq. [FDCA]. In action 77-F-248, the United States seeks the condemnation of the article of drug, X-Otag Plus, seized by the Government, and claimed by Tutag Pharmaceuticals, a drug manufacturer located in Broomfield, Colorado. In action 77-F-719,...

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