UNITED STATES v. AN ARTICLE OF DEVICE THERAMATIC

No. 82-4225.

715 F.2d 1339 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. AN ARTICLE OF DEVICE "THERAMATIC," etc., Defendant, and Ralph B. Cloward, Claimant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 12, 1983.


Attorney(s) appearing for the Case

James M. Sattler, Honolulu, Hawaii, for defendant, claimant-appellant.

John J. Powers, III, Washington, D.C., for plaintiff-appellee.

Before BROWNING, C.J., and WRIGHT and WALLACE, Circuit Judges.


WALLACE, Circuit Judge:

Cloward, a Honolulu neurosurgeon, seeks the return of a diathermy machine seized by the government as "misbranded" within the meaning of section 304(a) of the Food, Drug, and Cosmetic Act (the Act), 21 U.S.C. § 334(a). The seizure was conducted pursuant to 21 U.S.C. § 334(b), which directs that the procedures for seizure under the Act "shall conform, as nearly as may be, to the procedure in admiralty," and rule C of the Supplemental...

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