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PROVIMI, INC. v. UNITED STATES

No. 524-80C.

680 F.2d 111 (1982)

PROVIMI, INC. v. The UNITED STATES.

United States Court of Claims.

May 19, 1982.

Attorney(s) appearing for the Case

John H. Schaller, Milwaukee, Wis., atty. of record, for plaintiff.

Thomas W. B. Porter, with whom was Asst. Atty. Gen. J. Paul McGrath, Washington, D. C., for defendant; Mary K. Pendergast, Food and Drug Administration, Washington, D. C., of counsel.

Before FRIEDMAN, KASHIWA and BENNETT, Judges.

ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

BENNETT, Judge:

This case presents a novel question in food and drug law, whether the erstwhile owner of adulterated products that have been condemned under the Federal Food, Drug, and Cosmetic Act retains any interest in those products, compensable in this court, between the time of their condemnation and the time that the erstwhile owner obtains their release for reconditioning. Plaintiff complains with respect...

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