UNITED STATES v. AN ARTICLE OF DRUG

Civ. A. No. 13106.

308 F.Supp. 1405 (1969)

UNITED STATES of America v. AN ARTICLE OF DRUG consisting of the following: 1 carton, more or less, containing approximately 74,800 tablets, of an article labeled in part: (carton) "SF #9537 75,000 Tablets Special Formula S.C. Blue S.C. White Each tablet contains: Iodinated Casein ½ gr. * * * Caution: Federal law prohibits * * * Manufactured for Pharma Serve, Inc., Miami, Florida 33142 Control No. 15132" 1 carton, more or less, containing approximately 88,800 tablets, of an article labeled in part: (carton) "S.F. #9534 100,000 Tablets Special Formula S.C. Tan, S.C. Pink Each tablet contains: Iodinated Casein 0.75 gr. Caution * * * Manufactured for: Pharma Serve, Inc. Miami, Florida 33142 Control No. 16470".

United States District Court N. D. Georgia, Atlanta Division.

December 29, 1969.


Attorney(s) appearing for the Case

Charles L. Goodson, U. S. Atty., Beverly B. Bates, Asst. U. S. Atty., Atlanta, Ga., for plaintiff.

Royal Flagg Jonas, Miami Beach, Fla., for defendant.


ORDER

ALBERT J. HENDERSON, Jr., District Judge.

Pharma-Serve Corporation, a Florida corporation, seeks to remove this drug condemnation case to the United States District Court for the Southern District of Florida. It bases its petition for removal on 21 U.S.C. § 334(a) (1), and on 28 U.S.C. § 1404(a), the general removal statute. The court declines to remove the action for reasons which it describes below:

28 U.S.C. § 1404(a) provides...

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