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U. S. v. ARTICLES OF DRUG LABELED COLCHICINE

No. 76 Civ. 2444.

442 F.Supp. 1236 (1978)

UNITED STATES of America, Plaintiff, v. ARTICLES OF DRUG consisting of the following: 27/1000 tablet bottles, more or less, LABELED in part: "1000 Tablets COLCHICINE 1/100 gr. (0.6 mg.) * * * Caution * * * Distributed By a Division of Consolidated Midland Corporation Katonah New York" (bottle label coded "2330029"), etc., Defendant in Rem.

United States District Court, S. D. New York.

January 10, 1978.

Attorney(s) appearing for the Case

Robert B. Fiske, Jr., U. S. Atty., S. D. N. Y., New York City, William J. Kelleher, Asst. U. S. Atty., for plaintiff; Charles H. Johnson, Asst. Chief Counsel for Enforcement, F. D. A., Rockville, Md., of counsel.

Bass, Ullman & Lustigman, New York City, for Consolidated Midland; Robert Ullman, New York City, of counsel.

OPINION

ROBERT L. CARTER, District Judge.

The Proceedings and Parties' Contentions

These proceedings for forfeiture were instituted on June 1, 1976, pursuant to the provisions of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 301 et seq., with the filing of a complaint for the destruction and condemnation of certain specified lots of a drug named colchicine, and various lots of a drug called dihycon diphenylhydantoin, manufactured...

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