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U.S. v. UNDETERMINED QUANT. OF VARIOUS ARTS. ETC.

No. 81-1793.

675 F.2d 994 (1982)

UNITED STATES of America, Appellee, v. UNDETERMINED QUANTITIES OF VARIOUS ARTICLES OF DRUG ... EQUIDANTIN NITROFURANTOIN SUSPENSION .... Appeal of PERFORMANCE PRODUCTS, INC.

United States Court of Appeals, Eighth Circuit.

Decided April 15, 1982.

Attorney(s) appearing for the Case

John F. Lemker, Jr., Burditt & Calkins, Chicago, Ill., Joseph F. Devereux, Jr., Gunn, Lane & Devereux, P.C., St. Louis, Mo., for Performance Products, Inc., claimant-appellant.

William F. Baxter, Asst. Atty. Gen., John J. Powers, III, Frederic Freilicher, Attys., Dept. of Justice, Washington, D.C., for appellee.

Before LAY, Chief Judge, McMILLIAN, Circuit Judge, and OVERTON, District Judge.

McMILLIAN, Circuit Judge.

Performance Products, Inc. (Performance) appeals from a final judgment entered in the District Court1 for the Eastern District of Missouri condemning as adulterated and seizing certain quantities of an animal drug called Equidantin and other materials used in its manufacture. For reversal Performance argues that Equidantin is not a "new animal drug" within the meaning of 21 U.S.C. § 321(w), and thus not subject...

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