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U.S. v. ARTICLES OF DRUG: 5,906 BOXES

Nos. 83-1691, 83-1693 to 83-1695 and 83-1692.

745 F.2d 105 (1984)

UNITED STATES of America, Plaintiff, Appellant, v. ARTICLES OF DRUG CONSISTING OF the FOLLOWING: 5,906 BOXES, etc., Defendants, Appellees. UNITED STATES of America, Plaintiff, Appellant, v. ALCON LABORATORIES (PUERTO RICO), INC., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided September 28, 1984.

Attorney(s) appearing for the Case

Randy S. Chartash, Attorney, Washington, D.C., with whom J. Patrick Glynn, Atty., Civ. Div., Dept. of Justice, Richard K. Willard, Acting Asst. Atty. Gen., Washington, D.C., Daniel Lopez-Romo, U.S. Atty., Gary H. Montilla, Asst. U.S. Atty., Hato Rey, P.R., Thomas Scarlett, Chief Counsel, Forrest T. Patterson, and Arthur Y. Tsien, Associate Chief Counsels for Enforcement, Food and Drug Administration, Washington, D.C., were on brief, for plaintiff, appellant.

Dale B. Hinson, Washington, D.C., with whom James D. St. Clair, P.C., James L. Quarles lII, Hale and Dorr, Washington, D.C., Manuel A. Guzman, and McConnell, Valdes, Kelley, Sifre, Griggs & Ruiz-Suria, San Juan, P.R., were on brief, for Alcon Laboratories (Puerto Rico), Inc., et al.

Before CAMPBELL, Chief Judge, STEWART, Associate Justice (Retired), and BOWNES, Circuit Judge.

STEWART, Associate Justice (Retired):

In the present appeal this court reviews for a second time proceedings instituted by the federal Food and Drug Administration (FDA) against Alcon Laboratories (Alcon) and its drug "WANS" (Webster's Anti-Nausea Supprettes). See United States v. Alcon Laboratories, 636 F.2d 876 (1st Cir.), cert. denied, 451 U.S. 1017, 101 S.Ct. 3005, 69 L.Ed.2d 388 (1981). The issues arise under the...

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