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U.S. v. 29 CARTONS, MORE OR LESS

Civ. A. No. 88-2238-T.

792 F.Supp. 139 (1992)

UNITED STATES of America, Plaintiff, v. 29 CARTONS, MORE OR LESS, OF AN ARTICLE OF FOOD etc., et al., Defendants. Claim of OAKMONT INVESTMENT CO., INC., Claimant.

United States District Court, D. Massachusetts.

June 8, 1992.

Attorney(s) appearing for the Case

Suzanne E. Durrell, Anita Johnson, U.S. Attys. Office, Boston, Mass., Leslie Kux, Food and Drug Admin., Rockville, Md., for plaintiff.

Robert Ullman, Jacob Laufer, and Steven Shapiro, Bass & Ullman, New York City, for defendants and claimant.

MEMORANDUM

TAURO, Chief Judge.

On October 4, 1988, the United States of America, through the Food and Drug Administration ("FDA"), filed a complaint for forfeiture, seeking to condemn and destroy articles of food alleged to contain unsafe food additives in violation of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 301 et seq. ("FDCA"). Claimant Oakmont Investment Co., Inc. ("Oakmont") owns the subject bottles, labeled "Black Currant Oil...

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