RESEARCH LABORATORIES v. UNITED STATES

No. 11624.

167 F.2d 410 (1948)

RESEARCH LABORATORIES, Inc. v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

April 2, 1948.


Attorney(s) appearing for the Case

Justin N. Reinhardt, of Portland, Or., for appellant.

J. Charles Dennis, U. S. Atty., of Seattle, Wash., Harry Sager, Asst. U. S. Atty., of Tacoma, Wash., and Arthur A. Dickerman, of Washington, D. C., Atty., U. S. Food & Drug Administration, for appellee.

Before GARRECHT, MATHEWS and HEALY, Circuit Judges.


GARRECHT, Circuit Judge.

In four cases consolidated for trial, judgments and decrees were entered condemning and ordering destroyed quantities of a proprietary drug known as "Nue-Ovo" and certain written material alleged to constitute the labeling thereof. The action of the court below was taken pursuant to libels alleging misbranding, under 21 U.S.C.A. § 352(a). From the judgments and orders referred to, the present appeals have been taken by the intervenor...

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