Legal Opinion
United States v. An Article of Device "Theramatic," Etc., and Ralph B. Cloward, Claimant-Appellant
Court of Appeals for the Ninth Circuit
Decided September 12, 1983No. 82-4225PublishedCited by 21 opinions
1Opinion of the Court
WALLACE, Circuit Judge:
Cloward, a Honolulu neurosurgeon, seeks the return of a diathermy machine seized by the government as “misbranded” within the meaning of section 304(a) of the Food, Drug, and Cosmetic Act (the Act), 21 U.S.C. § 334(a). The seizure was conducted pursuant to 21 U.S.C. § 334(b), which directs that the procedures for seizure under the Act “shall conform, as nearly as may be, to the procedure in admiralty,” and rule C of the Supplemental Rules for Certain Admiralty and Maritime Claims, Fed.R.Civ.P.Supp. Rule C. When this case was before us on a prior appeal, we held that the…
2Cases cited14 opinions
- Parratt v. TaylorSupreme Court of the United States · 1981
- Goldberg v. KellySupreme Court of the United States · 1970
- Fuentes v. ShevinSupreme Court of the United States · 1972
- Armstrong v. ManzoSupreme Court of the United States · 1965
- Hodel v. Virginia Surface Mining & Reclamation Assn., Inc.Supreme Court of the United States · 1981
9 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- United States v. $191,910.00 in U.S. Currency, Bruce R. Morgan, Claimant-AppelleeCourt of Appeals for the Ninth Circuit · 1994
- Marcus Gumz, Cross-Appellant v. Douglas Morrissette and Lawrence Cloutier, Cross-AppelleesCourt of Appeals for the Seventh Circuit · 1985
- Golden Sands Club Condominium, Inc. v. WallerCourt of Appeals of Maryland · 1988
- Heft v. Maryland Racing CommissionCourt of Appeals of Maryland · 1991
- United States v. Argent Chemical Laboratories, Inc.Court of Appeals for the Ninth Circuit · 1996
16 more not listed; retrieve them via the Exa API.