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UNITED STATES v. AN ART. OF DRUG "BENTEX ULCERINE"

No. 72-2348 Summary Calendar.

469 F.2d 875 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. AN ARTICLE OF DRUG . . . "BENTEX ULCERINE", etc., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 1, 1972.

Attorney(s) appearing for the Case

George F. Townes, Greenville, S. C., Jerome R. Epstein, Houston, Tex., for defendant-appellant.

Anthony J. P. Farris, U. S. Atty., James R. Gough, Olney G. Wallis, Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee.

Before THORNBERRY, COLEMAN and INGRAHAM, Circuit Judges.

PER CURIAM:

The judgment of the District Court is affirmed on the basis of Judge Connally's Memorandum Opinion which is hereunto attached as an Appendix.

Affirmed.

APPENDIX

MEMORANDUM AND ORDER:

This is a seizure action brought under section 304 of the Food, Drug, and Cosmetic Act, 21 U.S.C.A. § 334, to condemn a quantity of the drug Ulcerine and a quantity of concentrate used in the...

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