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UNITED STATES v. 3963 BOTTLES, MORE OR LESS, ETC.

No. 12514.

265 F.2d 332 (1959)

UNITED STATES of America, Libelant-Appellee, v. 3963 BOTTLES, MORE OR LESS, of an article of drug labeled in part: "* * * ENERJOL DOUBLE STRENGTH * * *," Owen Laboratories, Inc., Claimant-Appellant.

United States Court of Appeals Seventh Circuit.

March 31, 1959.

Attorney(s) appearing for the Case

Milton A. Bass, New York City, Morton J. Harris, Chicago, Ill., Solomon H. Friend, New York City, for appellant.

Robert Tieken, U. S. Atty., Chicago, Ill., Alvin L. Gottlieb, Atty., Department of Health, Education, and Welfare, Washington, D. C., Malcolm Anderson, Asst. Atty. Gen., John Peter Lulinski, Asst. U. S. Atty., Richard C. Bleloch, Asst. U. S. Atty., Chicago, Ill., for appellee.

Before DUFFY, Chief Judge, and HASTINGS and KNOCH, Circuit Judges.

HASTINGS, Circuit Judge.

The Government, libelant-appellee, brought this action under the provisions of the Federal Food, Drug and Cosmetics Act, 21 U.S.C.A. § 301 et seq., for the condemnation and seizure of a drug called "Enerjol." The corporate claimant, Owen Laboratories, Inc., refused to answer the libelant's interrogatories on the ground of self-incrimination and the district court thereupon entered a default decree of condemnation. This appeal is taken...

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