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U.S. v. TWO PLASTIC DRUMS

No. 88-2398.

761 F.Supp. 70 (1991)

UNITED STATES of America, Plaintiff, v. TWO PLASTIC DRUMS, MORE OR LESS OF AN ARTICLE OF FOOD, LABELED IN PART: VIPONTE LTD. BLACK CURRANT OIL BATCH NO. BOOSF 039, Etc., Defendants, Traco Labs, Inc., Claimant.

United States District Court, C.D. Illinois, Danville Division.

April 10, 1991.

Attorney(s) appearing for the Case

David Hoff, Asst. U.S. Atty., Danville, Ill., Mary K. Pendergast, Leslie Kux, FDA, Rockville, Md., for plaintiff.

Marc J. Ansel, Erwin Martinkus Cole & Ansel, Champaign, Ill., Robert Ullman, Steven Shapiro, Bass & Ullman, New York City, for claimant.

ORDER

BAKER, Chief Judge.

This is an in rem seizure action under the Federal Food, Drug and Cosmetic Act, 21 U.S.C. §§ 301 — 393 (1972 & Supp.1991) (the "Act"). The plaintiff, the United States of America through the Food and Drug Administration, seeks the condemnation and destruction of two drums of black currant oil ("BCO"). The claimant, Traco Labs, Inc., asserts that the drums belong to it and that they cannot be condemned...

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