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UNITED STATES v. AN ART. OF DRUG CON. OF 4,680 PAILS

No. 82-1381.

725 F.2d 976 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. AN ARTICLE OF DRUG CONSISTING OF 4,680 PAILS, More or Less, EACH PAIL CONTAINING 60 PACKETS, etc., Defendant, Pfizer, Inc., Claimant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 27, 1984.

Attorney(s) appearing for the Case

Michael Byrd, Dallas, Tex., Robert H. Becker, Glenn E. Davis, Nancy Singer, Washington, D.C., for claimant-appellant.

Richard E. Geyer, Rockville, Md., John J. Powers, D. of J., Antitrust Div., William J. Roberts, Washington, D.C., for plaintiff-appellee.

Before BROWN and RANDALL, Circuit Judges, and HUNTER, District Judge.

RANDALL, Circuit Judge:

Claimant-appellant, Pfizer, Inc., appeals the district court's grant of summary judgment in this seizure action instituted by the United States under section 304 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq. (1982). The district court held that Neo-Terramycin Soluble Powder Concentrate was adulterated within the meaning of 21 U.S.C. § 351(a)(5) (1982). We affirm.

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