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UNITED STATES v. ARTICLES OF DRUG

No. 77-2100.

585 F.2d 575 (1978)

UNITED STATES of America v. ARTICLES OF DRUG, etc. Appeal of the LANNETT COMPANY, INC.

United States Court of Appeals, Third Circuit.

Decided August 14, 1978.

As Amended December 1, 1978.

Attorney(s) appearing for the Case

Jacob Laufer, Milton A. Bass, Sheldon S. Lustigman, Bass, Ullman & Lustigman, New York City, for appellant.

Alexander Ewing, Jr., Asst. U. S. Atty., Philadelphia, Pa., Stephen R. McSpadden, U. S. Dept. of Justice, Consumer Affairs Section, Washington, D. C., Harry Shulman, Food and Drug Administration, Rockville, Md., for appellee.

Before ADAMS, ROSENN and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

On August 11, 1976, the United States filed a complaint in the district court for the Eastern District of Pennsylvania seeking condemnation and destruction of certain articles of drugs manufactured and owned by the Lannett Company, Inc. ("Lannett" or "claimant"). The Government alleged that the drugs were subject to seizure under the Food, Drug and Cosmetic Act ("Drug Act"), 52 Stat. 1052 (1938), codified as...

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