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UNITED STATES v. AN ARTICLE OF FOOD

No. 72-1626.

482 F.2d 581 (1973)

UNITED STATES of America, Appellee, v. AN ARTICLE OF FOOD consisting of approximately 1,186,380 tablets in Bulk Drums, and 10,432 Repacked Bottles, more or less, LABELED in Part: (Drum) NUCLOMIN Lot 7056 (Bottle) Nuclomin Amino Acid Complexed Trace Minerals with Multi-Vitamins, etc., Hunt Investment, Inc., d/b/a Miller Laboratories, Inc., Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 9, 1973.

Rehearing Denied August 7, 1973.

Attorney(s) appearing for the Case

Elliott P. Koenig, St. Louis, Mo., and Kirkpatrick W. Dilling, Chicago, Ill., for appellant.

Gregory B. Hovendon, Atty., Dept. of Justice, Washington, D. C., for appellee.

Before MATTHES, Chief Judge, and LAY and STEPHENSON, Circuit Judges.

LAY, Circuit Judge.

This is an appeal from an in rem proceeding brought under the Federal Food, Drug, and Cosmetic Act against a special dietary product "Nuclomin" claiming it is misbranded in violation of Section 403(a) of the Act, 21 U.S.C. § 343(a).1 Hunt Investment, Inc., owner of Nuclomin, intervened. Jurisdiction rests under 21 U.S.C. § 334. The district court upheld the government seizure and condemnation on the...

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