UNITED STATES v. ARTICLES OF FOOD AND DRUG, ETC.

No. 74-2059.

518 F.2d 743 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. ARTICLES OF FOOD AND DRUG CONSISTING OF COLI-TROL 80, F4C-60 FEED GRADE, ENTROL-S MEDICATED, ENTROL-P, etc., Defendant, Naremco, Inc., Movant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 8, 1975.


Attorney(s) appearing for the Case

O. J. Taylor, Springfield, Mo., R. Wilson Smith, Jr., Gainesville, Ga., for movant-appellant.

John W. Stokes, Jr., U. S. Atty., Beverly B. Bates, Asst. U. S. Atty., Atlanta, Ga., Alan R. Bennett, Rockville, Md., Jay H. Geller, Los Angeles, Cal., for plaintiff-appellee.

Before GODBOLD, Circuit Judge, SKELTON, Associate Judge, and GEE, Circuit Judge.


GODBOLD, Circuit Judge:

The United States seized and seeks to condemn under § 304 of the Food and Drug Act of 1938, as amended, 21 U.S.C. § 334, quantities of four animal drugs and an animal food containing a food additive. The drugs and the food additive were all manufactured by the appellant. The drugs and the food containing the food additive were seized because they were believed to be adulterated within the precise meaning of that term as used in the...

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