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UNITED STATES v. 10 CARTONS, ETC.

Civ. No. 13251.

152 F.Supp. 360 (1957)

UNITED STATES of America v. 10 CARTONS, More or Less, Each Containing 26,332 Black Tablets of an Article of Drug LABELED IN PART "HOXSEY" — 100 S C Tablets Black Control Number 06980 * * * Testagar & Co., Inc., Detroit, Michigan * * *" and 4 DRUMS, More or Less, Each Containing 62,900 Red Tablets of an Article of Drug LABELED IN PART "From Testagar & Company, 1354 West Lafayette, Detroit, Michigan Name Special Tablets S C red 06949 LACTOTABS * * *" etc.

United States District Court W. D. Pennsylvania.

May 28, 1957.

Attorney(s) appearing for the Case

D. Malcolm Anderson, Jr., U. S. Atty., Pittsburgh, Pa., William W. Goodrich, Asst. Gen. Counsel, Dept. of Health, Education & Welfare, Washington, D. C., for plaintiff.

Vincent M. Casey, Pittsburgh, Pa., James H. Martin, Dallas, Tex., for defendant.

JOHN L. MILLER, District Judge.

This is an action by the United States under the seizure and condemnation provisions of the Federal Food, Drug and Cosmetic Act, 21 U.S.C.A. § 301 et seq., for the destruction of a large quantity of red and black medicinal tablets and their labeling. It is alleged that the tablets were misbranded while held for sale at the premises of the Hoxsey Cancer Clinic at Portage, Pennsylvania...

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