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IN RE ADMINISTRATIVE WARRANT ISSUED TO FOOD AND DRUG ADMINISTRATION JULY 27, 1978, REGARDING PORTEX, INC.

No. 78-1406.

585 F.2d 1152 (1978)

In re ADMINISTRATIVE WARRANT ISSUED TO the FOOD AND DRUG ADMINISTRATION on JULY 27, 1978, REGARDING PORTEX, INC., Portex, Inc., Appellant.

United States Court of Appeals, First Circuit.

Decided October 25, 1978.

Attorney(s) appearing for the Case

Robert B. Nicholson and Andrea Limmer, Attys. Dept. of Justice, Washington, D. C., and Anna R. Tretter, Asst. U. S. Atty., on memorandum in support of motion to dismiss.

Daniel B. Bickford, Douglas F. Seaver, and Gaston, Snow & Ely Bartlett, Boston, Mass., on memorandum in opposition.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.

MEMORANDUM AND ORDER

PER CURIAM.

Appellant Portex seeks review of a decision of the district court granting its motion to quash an administrative warrant. The district court ruled that the warrant was unconstitutionally general in its description of the items to be searched and that the Food and Drug Administration had statutory authority to seek the warrant. Appellant claims that it is aggrieved by the latter statement because the agency has announced its...

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