MATTER OF ESTABLISHMENT INSP. PORTEX

No. 78-1431.

595 F.2d 84 (1979)

In the Matter of ESTABLISHMENT INSPECTION PORTEX, INC., Food and Drug Administration, Appellant.

United States Court of Appeals, First Circuit.

Decided April 13, 1979.


Attorney(s) appearing for the Case

Andrea Limmer, Atty., Dept. of Justice, Washington, D. C., with whom John H. Shenefield, Asst. Atty. Gen., Richard M. Cooper, Chief Counsel, Washington, D. C., Kenneth C. Baumgartner, Associate Chief Counsel for Enforcement, Food and Drug Administration, Rockville, Md., and Robert B. Nicholson, Atty., Dept. of Justice, Washington, D. C., were on brief, for appellant.

Douglas F. Seaver, Boston, Mass., with whom Daniel B. Bickford, Stuart T. Rossman, and Gaston Snow & Ely Bartlett, Boston, Mass., were on brief, for appellee.

Before ALDRICH and CAMPBELL, Circuit Judges, and CAFFREY, District Judge.


LEVIN H. CAMPBELL, Circuit Judge.

On August 3, 1978 a warrant to inspect "all pertinent equipment, finished and unfinished materials, containers, labeling, manufacturing, packaging and control records, records of interstate shipment of device components, complaint files and other records as authorized by 21 U.S.C. § 374 bearing on whether Portex, Inc., Cuffed Endotracheal tube devices [catalogue series beginning with the three digits 164, 171, 182, 186, 187]...

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