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UNITED STATES v. ARTICLE OF DRUG . . . "MYKOCERT"

No. 71 C 235.

345 F.Supp. 571 (1972)

UNITED STATES of America, Plaintiff, v. An ARTICLE OF DRUG . . . "MYKOCERT.", Defendant.

United States District Court, N. D. Illinois, Eastern Division.

May 19, 1972.

Attorney(s) appearing for the Case

William Bauer, U. S. Atty., Robert B. Schaefer, Asst. U. S. Atty., for plaintiff.

Kirkpatrick W. Dilling, Dilling & Dilling, Chicago, Ill., for claimant Beutlich Pharmaceutical Co.

MEMORANDUM OPINION

MAROVITZ, District Judge.

On January 29, 1971, subsequent to the filing of a Complaint For Forfeiture, the Plaintiff seized a quantity of the prescription drug, Mykocert medicated vaginal tampons pursuant to the provisions of 21 U.S.C. § 301 et seq. and now seeks a decree of condemnation in regard to the drug seized.

The Complaint alleges that the seized article of drug was misbranded while held for sale after shipment in...

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