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UNITED STATES v. ARTICLE OF DRUG CONSIST. OF 110 CARTONS

Civ. A. No. 72-577.

349 F.Supp. 603 (1972)

UNITED STATES of America, Plaintiff, v. An ARTICLE OF DRUG CONSISTING OF 110 CARTONS, MORE OR LESS . . . Labeled in part: "INSTANT TRIM . . ." etc., Defendant.

United States District Court, W. D. Pennsylvania.

September 27, 1972.

Attorney(s) appearing for the Case

Richard L. Thornburgh, U. S. Attys., Pittsburgh, Pa., for plaintiff.

Bass & Ullman, New York City, for defendant.

MEMORANDUM ORDER

SCALERA, District Judge.

This is an in rem proceeding instituted for the purpose of condemning articles of drug labeled "Instant Trim" on grounds that they are misbranded and on grounds that they are a new drug marketed without approval of a new drug application.

Claimant, Dynamic Classics Ltd., a New York corporation with its principal place of business in Fairfield, New Jersey, filed a motion requesting the case be removed to the...

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