U.S. v. AN UNDETERMINED QUANTITY, ETC.

No. 78-1122.

583 F.2d 942 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. AN UNDETERMINED QUANTITY OF AN ARTICLE OF DRUG LABELED AS BENYLIN COUGH SYRUP, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 11, 1978.


Attorney(s) appearing for the Case

Frederick H. Branding, Asst. U. S. Atty., Chicago, Ill., for plaintiff-appellee.

Jeffrey S. Davidson, Kirkland & Ellis, Chicago, Ill., for defendant-appellant.

Before CUMMINGS and TONE, Circuit Judges, and CAMPBELL, Senior District Judge.


PER CURIAM.

This case is one in which both parties appear to have committed misconduct grievous enough under ordinary circumstances to justify judgment for their opponent. In violation of an injunction entered by a federal district judge in Michigan, the Government persisted in an effort under 21 U.S.C. § 334, an in rem proceeding, to condemn $30,000 worth of Benylin Cough Syrup manufactured and owned by appellant Parke, Davis & Company. Although Parke...

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