Legal Opinion
Merritt Corporation v. Folsom
District Court, District of Columbia
Decided May 21, 1958No. Civ. 338-58PublishedCited by 23 opinions
1Opinion of the Court
CURRAN, District Judge.
Findings of Fact
1. On February 11, 1958, the plaintiff, Merritt Corp., filed a complaint for injunction seeking to restrain the defendant government officials from instituting further seizure actions against plaintiff’s drug product, “Clarimycin Anti-Biotic Acne Lotion.”
2. Pursuant to Section 304 of the Federal Food, Drug, and Cosmetic Act [21 U.S.C.A. § 334] the defendants have caused to be instituted six seizure actions in various parts of the country against “Clarimycin.” There was no Section 304 determination of probable cause.
3. Each of the seizure actions…
2Cited by23 opinions
- Hoffman v. Sterling Drug, Inc.Court of Appeals for the Third Circuit · 1973
- United States v. Allan Drug Corporation, (Two Cases)Court of Appeals for the Tenth Circuit · 1966
- Amp Incorporated v. John W. Gardner, Secretary of Health, Education and Welfare, and James L. Goddard, Commissioner of Food and DrugsCourt of Appeals for the Second Circuit · 1968
- United States v. 354 BULK CARTONS, ETC.District Court, D. New Jersey · 1959
- United States v. An Article of Drug "Bentex Ulcerine"Court of Appeals for the Fifth Circuit · 1972
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