Legal Opinion

United States v. an Article of Drug Consisting of 110 Cartons

District Court, W.D. Pennsylvania

Decided September 27, 1972No. Civ. A. 72-577PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM ORDER

SCALERA, District Judge.

This is an in rem proceeding instituted for the purpose of condemning articles of drug labeled “Instant Trim” on grounds that they are misbranded and on grounds that they are a new drug marketed without approval of a new drug application.

Claimant, Dynamic Classics Ltd., a New York corporation with its principal place of business in Fairfield, New Jersey, filed a motion requesting the case be removed to the Southern District of New York, a district of reasonable proximity to claimant’s principal place of business. Claimant’s position is that this case…

2Cases cited5 opinions

  1. Clinton Foods, Inc. v. United States. Clinton Foods, Inc. v. Moore, United States District JudgeCourt of Appeals for the Fourth Circuit · 1951
  2. Fettig Canning Co. v. Steckler, JudgeCourt of Appeals for the Seventh Circuit · 1951
  3. United States v. 74 Cases, Each Containing 48 Cans of C. C. Brand OystersDistrict Court, W.D. South Carolina · 1944
  4. States v. II Cases, More or Less, Ido-Pheno-ChonDistrict Court, D. Oregon · 1950
  5. United States v. An Article of DrugDistrict Court, N.D. Georgia · 1969

3Cited by1 opinion

  1. United States v. An Article of Cosmetic Consisting of 1,227 PackagesDistrict Court, D. Oregon · 1974

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