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U.S. v. ARTICLES OF DRUG

No. 86-1438.

825 F.2d 1238 (1987)

UNITED STATES of America, Appellee, v. ARTICLES OF DRUG, et al., Midwest Pharmaceuticals, Inc., Appellant. UNITED STATES of America, Appellee, v. MIDWEST PHARMACEUTICALS, INC., a/k/a B & S Distributors, Robert S. Liebert, and Steven F. Sommers, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided August 4, 1987.

Attorney(s) appearing for the Case

John M. O'Connor, New York City, for appellant.

Paul J. Johns, Omaha, Neb., and Robert Spiller, Jr., Rockville, Md., for appellee.

Before McMILLIAN, Circuit Judge, BRIGHT, Senior Circuit Judge, and BOWMAN, Circuit Judge.

McMILLIAN, Circuit Judge.

Midwest Pharmaceuticals, Inc., Steven F. Sommers and Robert S. Leibert (collectively referred to as Midwest) appeal from a final judgment entered in the District Court for the District of Nebraska condemning as "misbranded" certain drug products seized from Midwest in April 1984. The district court held that the Midwest drugs were imitations of other drugs in violation of 21 U.S.C. § 331(b...

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