U.S. v. 50 BOXES [OF] ... CAFERGOT P-B SUPPOSITORIES

Civ. A. 86-1630-WF.

721 F.Supp. 1462 (1989)

UNITED STATES of America, Plaintiff, v. 50 BOXES [OF] ... CAFERGOT P-B SUPPOSITORIES, Defendants.

United States District Court, D. Massachusetts.

September 1, 1989.


Attorney(s) appearing for the Case

Paul G. Levenson, Asst. U.S. Atty., William F. Weld, U.S. Atty., Peter E. Gelharr, Asst. U.S. Atty., Boston, Mass., for plaintiff.

Mary Morrissey Sullivan, Sullivan, Sullivan & Pinta, Boston, Mass., for Sandoz Pharmaceuticals Corp.


MEMORANDUM AND ORDER

WOLF, District Judge.

This is an in rem forfeiture action brought by the United States under the Federal Food, Drug, and Cosmetic Act ("FDA Act"), 21 U.S.C. § 301 et seq., seeking that the seized defendant drug, Cafergot P-B Suppository ("CPB Suppository") be forfeited and destroyed. The complaint alleges that CPB Suppository is a "new drug" within the meaning of 21 U.S.C. § 321(p), which may not be introduced...

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