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MERRITT CORPORATION v. FOLSOM

Civ. No. 338-58.

165 F.Supp. 418 (1958)

The MERRITT CORPORATION, Plaintiff, v. Marion B. FOLSOM, Secretary of U. S. Department of Health, Education, and Welfare, George P. Larrick, Commissioner, Food and Drug Administration, Department of Health, Education, and Welfare, William P. Rogers, Attorney General of the United States, Defendants.

United States District Court District of Columbia.

May 21, 1958.

Attorney(s) appearing for the Case

Oliver Gasch, U. S. Atty., Robert J. Asman, Asst. U. S. Atty., William W. Goodrich, Asst. Gen. Counsel, Dept. of Health, Education and Welfare, Washington, D. C., for U. S.

Harry M. Edelstein, Washington, D. C., Milton A. Bass, New York City, for plaintiff.

CURRAN, District Judge.

Findings of Fact

1. On February 11, 1958, the plaintiff, Merritt Corp., filed a complaint for injunction seeking to restrain the defendant government officials from instituting further seizure actions against plaintiff's drug product, "Clarimycin Anti-Biotic Acne Lotion."

2. Pursuant to Section 304 of the Federal Food, Drug, and Cosmetic Act [21 U.S.C.A. § 334] the defendants have caused to be instituted six seizure actions...

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