United States v. Research Laboratories, Inc.

MATHEWS, Circuit Judge.

In the District Court of the United States for the Western District of Missouri, 143 packages of a drug called Nue-Ovo were proceeded against by appellant, the United States, on a libel for condemnation under § 304(a) of the Federal Food, Drug and Cosmetic Act, 1 21 U.S.C.A. § 334(a). On application of appellee, Research Laboratories, Incorporated, claimant of the 143 packages of Nue-Ovo, the proceeding was removed to the District Court o,f the United States for the Western District of Washington. In that court appellant was ordered to, and did, amend its libel. To the…