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U.S. v. 50 BOXES MORE OR LESS

No. 89-2166.

909 F.2d 24 (1990)

UNITED STATES of America, Plaintiff, Appellee, v. 50 BOXES MORE OR LESS etc., et al., Defendants, Appellees, Appeal of SANDOZ PHARMACEUTICALS CORPORATION, Claimant.

United States Court of Appeals, First Circuit.

Decided July 19, 1990.

Attorney(s) appearing for the Case

Daniel R. Dwyer, with whom Peter O. Safir, Kleinfeld, Kaplan and Becker, Mary Morrissey Sullivan, Sullivan, Sullivan & Pinta, and Anne S. Davidson, Sandoz Pharmaceuticals Corp., were on brief for defendant, appellants.

Mary K. Pendergast, Associate Chief Counsel for Enforcement, Food and Drug Administration, with whom Wayne A. Budd, U.S. Atty., Paul G. Levenson, Asst. U.S. Atty., and Margaret Jane Porter, Chief Counsel, Food and Drug Administration, were on brief for appellee.

Before BREYER, Chief Judge, BOWNES, Senior Circuit Judge, and TORRUELLA, Circuit Judge.

BREYER, Chief Judge.

The government has seized fifty boxes of a prescription drug called Cafergot P-B Suppository, a drug that contains two active ingredients (caffeine, ergotamine) designed to stop vascular headaches such as migraine and two other active ingredients (pentobarbital, bellafoline) designed to stop nauseous side effects resulting from the first two ingredients. The government has a legal right to seize these products if (1) the drug (which we shall call...

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