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U.S. v. TWO UNITS, MORE OR LESS, OF AN ARTICLE

No. 93-16083.

49 F.3d 479 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. TWO UNITS, MORE OR LESS, OF AN ARTICLE OR DEVICE, CONSISTING OF A POWER UNIT AND A CHAIR, etc., Defendant, and Kyttaron Energy Corporation, Claimant-Appellant.

United States Court of Appeals, Ninth Circuit.

Memorandum November 23, 1994.

Order and Opinion March 6, 1995.

Attorney(s) appearing for the Case

Richard J. Merritt, Lido Beach, NY, for claimant-appellant.

Greg Addington, Asst. U.S. Atty., and James S. Cohen, Associate Chief Counsel for Enforcement, U.S. Food and Drug Admin., Reno, NV, for plaintiff-appellee.

Before: CHOY, FARRIS, and BRUNETTI, Circuit Judges.

ORDER

The memorandum disposition filed November 23, 1994, is redesignated as an authored opinion by Judge Farris.

OPINION

FARRIS, Circuit Judge:

Kyttaron Energy Corporation appeals from the district court's summary judgment for the United States. Kyttaron contends that the district court erred in ruling that the seized medical devices were subject to forfeiture under the Food, Drug, and Cosmetic Act for failure to maintain adequate records...

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