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UNITED STATES v. WESTERN SERUM CO., INC.

No. 80-5835.

666 F.2d 335 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. WESTERN SERUM COMPANY, INC., Chemalytics, Inc., Iatric Corporation, corporations, and Wallace F. Schmidt, Edward J. Prochaska, William T. Northey, and Rickie M. Adams, individuals, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided January 4, 1982.

Attorney(s) appearing for the Case

Steven A. Cohen, Phoenix, Ariz., argued, for defendants-appellants; Levenbaum, Cohen & Reed, Phoenix, Ariz., on brief.

John J. Powers, III, Dept. of Justice, Washington, D. C., argued, for plaintiff-appellee; Frederic Freilicher, Dept. of Justice, Washington, D. C., on brief.

Before KENNEDY and ALARCON, Circuit Judges, and BELLONI, District Judge.

KENNEDY, Circuit Judge:

Appellant Western Serum is a manufacturer of veterinary drugs. The United States instituted an enforcement action under the Federal Food, Drug and Cosmetic Act of 1938, 21 U.S.C. §§ 301-392 (1976) (herein "the Act"), seeking to enjoin Western Serum from distributing eleven of its drug products.

On the Government's motion for summary judgment, the requested injunction was granted.1 Western Serum...

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