U.S. v. ARTICLES OF DRUG FOR VETERINARY USE

Nos. 94-1270, 94-1314.

50 F.3d 497 (1995)

UNITED STATES of America, Plaintiff-Appellant/Cross-Appellee, v. ARTICLES OF DRUG FOR VETERINARY USE, Identified in Attachment A which are in the Possession of Immuno-Dynamics, Inc., Highway 141/169, Perry, Iowa, Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Eighth Circuit.

Decided March 13, 1995.

Rehearing Denied May 19, 1995,


Attorney(s) appearing for the Case

Deborah Kent, Washington, DC, argued (Frank W. Hunger, Don Carlos Nickerson, Douglas N. Letter, Margaret Jane Porter, Steven A. Johnson and Deborah Ruth Kent, on the brief), for appellant/cross-appellee.

David L. Charles, Des Moines, IA, argued (David L. Charles and S.P. DeVolder, Des Moines, IA, and Ralph R. Brown, Dallas Center, IA, on the brief), for appellee/cross-appellant.

Before WOLLMAN, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, and HANSEN, Circuit Judge.


HANSEN, Circuit Judge.

The United States appeals the judgment entered on a jury verdict rendered in favor of the defendant, Immuno-Dynamics, Inc. (Immuno-Dynamics), in the United States' attempt to condemn six products manufactured by Immuno-Dynamics as unsafe and adulterated new animal drugs under the Federal Food, Drug, and Cosmetic Act (FDCA). See 21 U.S.C.A. §§ 301-395 (1972 & West Supp. 1994). The United States contends that the

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