United States v. An Undetermined Quantity of an Article of Drug Labeled as Benylin Cough Syrup

This case is one in which both parties appear to have committed misconduct grievous enough under ordinary circumstances to justify judgment for their opponent. In violation of an injunction entered by a federal district judge in Michigan, the Government persisted in an effort under 21 U.S.C. § 334, an in rem proceeding, to condemn $30,000 worth of Benylin Cough Syrup manufactured and owned by appellant Parke, Davis & Company. Although Parke, Davis was given notice of the Government’s action, it declined to appear in the proceedings. During a status call in the condemnation action on April 15,…