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UNITED STATES v. HODGES X-RAY, INC.

No. 84-5316.

759 F.2d 557 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. HODGES X-RAY, INC., et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Argued February 13, 1985.

Attorney(s) appearing for the Case

Robert L. Ackerson (argued), W. David Kiser, Ackerson, Ackerson & Blandford, Louisville, Ky., for defendants-appellants.

Ronald E. Meredith, U.S. Atty., Louisville, Ky., Michael Spalding, Anita Johnson (argued), David Grise, Office of Consumer Litigation, Civil Div., U.S. Dept. of Justice, Washington, D.C., Arthur Y. Tsien, Asst. Chief Counsel for Enforcement U.S. Food and Drug Admin., Rockville, Md., for plaintiff-appellee.

Before JONES and KRUPANSKY, Circuit Judges, and BROWN, Senior Circuit Judge.

KRUPANSKY, Circuit Judge.

Defendants Hodges X-Ray, Inc. and James J. Hodges appealed from the grant of summary judgment in favor of the United States, wherein the court assessed $20,500 in civil penalties against each defendant for violations of certain Food and Drug Administration (FDA) regulations. The assessments were predicated upon the finding of the court below that x-ray equipment manufactured by the defendants1 failed to

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