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UNITED STATES v. VARIOUS ARTICLES OF DRUGS, ETC.

Nos. 14635, 14636, 14599.

332 F.2d 286 (1964)

UNITED STATES of America, Appellant, v. VARIOUS ARTICLES OF DRUGS CONSISTING OF UNKNOWN QUANTITIES OF PRESCRIPTION DRUGS Originally Intended for Use as Samples for Physicians, etc., Stanack Sales Company, Inc., Appellee. UNITED STATES of America, Appellant, v. VARIOUS ARTICLES OF DRUGS CONSISTING OF UNKNOWN QUANTITIES OF PRESCRIPTION DRUGS Originally Intended for Use as Samples for Physicians, etc., Kaybel, Inc., Appellee. UNITED STATES of America, Appellant, v. VARIOUS ARTICLES OF DRUGS CONSISTING OF UNKNOWN QUANTITIES OF PRESCRIPTION DRUGS, etc., William B. Mandell, t/a Mandell Pharmaceuticals, Appellee.

United States Court of Appeals Third Circuit.

Decided May 6, 1964.

Attorney(s) appearing for the Case

William W. Goodrich, Asst. Gen. Counsel, U. S. Dept. of Health, Education & Welfare, Washington, D. C. (Herbert J. Miller, Jr., Asst. Atty. Gen., Harold P. Shapiro, Sydney Brodie, Attorneys, Department of Justice, David M. Satz, Jr., U. S. Atty., Arthur A. Dickerman, Michael L. Parker, Attys., Department of Health, Education and Welfare, on the brief), for appellant.

Sidney Slauson, Englewood, N. J., for appellees.

Before KALODNER, STALEY and HASTIE, Circuit Judges.

HASTIE, Circuit Judge.

Each of these three cases is a statutory proceeding in rem, 21 U.S.C. § 334, by the United States for the seizure and condemnation of certain articles of drug, held for sale after shipment in interstate commerce, on the ground that they are misbranded within the meaning of section 352(a) of title 21 of the United States Code. The articles were duly seized but in each case, on the claimant's motion...

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