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UNITED STATES v. 3963 BOTTLES, ETC.

No. 57 C 2021.

172 F.Supp. 470 (1958)

UNITED STATES v. 3963 BOTTLES, MORE OR LESS, of an article of drug LABELED in part: "60 Capsules Lot No. 30019 ENERJOL DOUBLE STRENGTH * * *".

United States District Court N. D. Illinois, E. D.

September 23, 1958.

Attorney(s) appearing for the Case

R. Tieken, U. S. Atty., John P. Lulinski, and Richard C. Bleloch, Asst. U. S. Atty., Chicago, Ill., for plaintiff.

Morton J. Harris, Chicago, Ill., Milton Bass, New York City, for claimant.

SULLIVAN, District Judge.

This is a libel of information brought by the Government under Title 21 U.S.C. § 334, for the condemnation of certain bottles of a drug called "Enerjol". The condemnation is sought on the grounds that the contents of the bottles are misbranded under Sec. 352(a), and that "Enerjol" is a "new drug" under Section 355 (a), as to which no effective application has been filed under Section 355(b).

The claimant has moved to dismiss...

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