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UNITED STATES v. AN ARTICLE OF DRUG, ETC.

No. 73-2882.

513 F.2d 1127 (1975)

The UNITED STATES of America, Plaintiff-Appellee, v. AN ARTICLE OF DRUG . . . "ENTROL-C MEDICATED" et al., Defendant-Appellant, Naremco, Inc., Claimant-Appellant.

United States Court of Appeals, Ninth Circuit.

April 9, 1975.

Attorney(s) appearing for the Case

O. J. Taylor, Taylor, Stafford & Gannaway (argued), Springfield, Mo., for defendant-appellant.

Jay H. Geller, Atty., Dept. of Health, Ed. and Welfare, Office of Gen. Counsel, Food & Drug Div. (argued), Los Angeles, Cal., for plaintiff-appellee.

Before WALLACE and SNEED, Circuit Judges, and EAST, District Judge.

OPINION

SNEED, Circuit Judge:

Naremco, Inc. appeals from a summary judgment in favor of the Government in a condemnation proceeding which holds that a quantity of the drug "Entrol-C Medicated" constitutes a new animal drug within the meaning of 21 U.S.C.A. § 321(w)(1)1 for which no new drug application has been filed. The quantity of the drug in question was ordered destroyed. United States v. An Article of Drug . . . "Entrol...

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