United States v. 3963 Bottles, More or Less

HASTINGS, Circuit Judge.

The Government, libelant-appellee, brought this action under the provisions of the Federal Food, Drug and Cosmetics Act, 21 U.S.C.A. § 301 et seq., for the condemnation and seizure of a drug called “Enerjol.” The corporate claimant, Owen Laboratories, Inc., refused to answer the libelant’s interrogatories on the ground of self-incrimination and the district court thereupon entered a default decree of condemnation. This appeal is taken from that decree and from an order of the district court denying claimant's motion for dismissal of the libel and for summary judgment.

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