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  5. 716 F.Supp. 1221 (1989)
 

U.S. v. SEVEN CARDBOARD CASES OF AN ARTICLE OF DRUG

No. 88-1398C(3).

716 F.Supp. 1221 (1989)

UNITED STATES of America, Plaintiff, v. SEVEN CARDBOARD CASES, MORE OR LESS, OF AN ARTICLE OF DRUG ... "100 CAPSULES NDC * * * ESGIC * * * WITH CODEINE CAPSULES, etc., Defendant, and Forest Pharmaceuticals, Inc., Claimant-Defendant.

United States District Court, E.D. Missouri, E.D.

July 10, 1989.

Attorney(s) appearing for the Case

Henry J. Fredericks, Asst. U.S. Atty., St. Louis, Mo., for U.S.

Greensfelder, Hemker, Wiese, Gale & Chappelow, Edward A. Chod and John W. Moticka, St. Louis, Mo., Jacqueline H. Eagle, Office of Consumer Litigation, U.S. Dept. of Justice, Washington, D.C., Clayton H. Paterson, Food and Drug Admin., Rockville, Md., for claimant-defendant Forest Pharmaceuticals.

ORDER

HUNGATE, District Judge.

On June 21, 1989, in open Court, the parties argued plaintiff's motion for summary judgment and Forest Pharmaceuticals, Inc.'s motion to strike Mr. Hamilton's declaration. The defendants, a prescription analgesic drug product, Esgic with Codeine,1 and its distributor, Forest Pharmaceuticals, Inc., oppose the motion.

Plaintiff filed this action under the Federal Food, Drug, and Cosmetic Act...

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