Legal Opinion
United States v. 3963 Bottles
District Court, N.D. Illinois
Decided September 23, 1958No. 57 C 2021PublishedCited by 1 opinion
1Opinion of the Court
SULLIVAN, District Judge.
This is a libel of information brought by the Government under Title 21 U.S.C. § 334, for the condemnation of certain bottles of a drug called “Enerjol”. The condemnation is sought on the grounds that the contents of the bottles are mis-branded under Sec. 352(a), and that “En-erjol” is a “new drug” under Section 355 (a), as to which no effective application has been filed under Section 355(b).
The claimant has moved to dismiss the libel and for a summary judgment. The sole basis for the motion is that in September, 1957, Claimant entered into an agreement with the Post…
2Cases cited5 opinions
- United States v. International Building Co.Supreme Court of the United States · 1953
- Reilly v. PinkusSupreme Court of the United States · 1949
- United States v. KaadtCourt of Appeals for the Seventh Circuit · 1948
- United States v. 42 JARS, ETC.District Court, D. New Jersey · 1958
- United States v. 1 DOZEN BOTTLES, ETC.Court of Appeals for the Fourth Circuit · 1944
3Cited by1 opinion
- United States v. 42 Jars, More or Less, of an Article of Drug Labeled in Part "Bee Royale Capsules". Appeal of Bee Royale, IncCourt of Appeals for the Third Circuit · 1959