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UNITED STATES v. 41 CASES, MORE OR LESS

No. 27771.

420 F.2d 1126 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. 41 CASES, MORE OR LESS, etc., et al., Defendants, Naremco, Inc., Claimant-Appellant.

United States Court of Appeals Fifth Circuit.

January 13, 1970.

Attorney(s) appearing for the Case

Neale, Newman, Bradshaw & Freeman, O. J. Taylor, Springfield, Mo., Spruiell, Lowry, Potter, Lasater & Guinn, J. Donald Guinn, Tyler, Tex., for claimant-appellant.

Richard B. Hardee, U. S. Atty., Tyler, Tex., for plaintiff-appellee; William W. Goodrich, Asst. Gen. Counsel, John C. Young, Atty., U. S. Dept. of Health, Education and Welfare, Washington, D. C., of counsel.

Before GEWIN, COLEMAN and DYER, Circuit Judges.

COLEMAN, Circuit Judge.

The condemnation of several parcels of the poultry medications "Myconox" and "Ferro-Lac" generated this appeal. Pursuant to libel filed under 21 U.S.C. § 301 et seq., the products were seized in May, 1966. Subsequently, the appellant Naremco, Inc., filed claim and answer. The cases were consolidated. Upon a jury verdict there was judgment that the seized products be destroyed as not in compliance...

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