Legal Opinion
United States v. Articles of Drug
District Court, D. Nebraska
Decided April 2, 1986No. CV-84-0-206, CV-84-0-323PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OPINION
STROM, District Judge.
This matter is before the Court for decision after trial to the Court of consolidated actions for condemnation of seized products pursuant to 21 U.S.C. § 334(a) and for injunction pursuant to 21 U.S.C. § 332.
GENERAL FACTS
On April 5, 1984, law enforcement officials from the United States Food and Drug Administration seized approximately fifteen tons of drug products from Midwest Pharmaceuticals, Inc. (defendant and claimant herein). Plaintiff (hereinafter “the government”) contends that the drug products are misbranded within the meaning of 21 U.S.C. §…
2Cases cited29 opinions
- Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
- United States v. W. T. Grant Co.Supreme Court of the United States · 1953
- Sony Corp. of America v. Universal City Studios, Inc.Supreme Court of the United States · 1984
- Mitchell v. Robert DeMario Jewelry, Inc.Supreme Court of the United States · 1960
- Town Tobacconist v. KimmelmanSupreme Court of New Jersey · 1983
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3Cited by5 opinions
- United States v. Articles of DrugCourt of Appeals for the Eighth Circuit · 1987
- United States v. Articles of Drug, Midwest Pharmaceuticals, Inc., United States of America v. Midwest Pharmaceuticals, Inc., A/K/A B & S Distributors, Robert S. Liebert, and Steven F. SommersCourt of Appeals for the Eighth Circuit · 1987
- United States v. Articles of Drug Consisting of Undetermined Quantities of Drugs Containing Caffeine, Ephedrine, Ephedrine Sulfate, Phenylpropanolamine HCL, Doxylamine SuccinateCourt of Appeals for the Eighth Circuit · 1989
- United States v. Articles of Drug Consisting of Undetermined Quantities of Drugs Containing Caffeine, Ephedrine, Ephedrine Sulfate, Phenylpropanolamine Hcl, Doxylamine Succinate, or Any Combination of Those Ingredients, or Any Other Ingredients or Combination of Ingredients in Tablet, Capsule or Other Form, in Any Strength, Color, Shape or Size, in Any Size Container or in Bulk, Labeled or Unlabeled, the Appearance of Which Imitates, or Allows It to Be Sold or Marketed So as to Imitate Any Other Drug, Including but Not Limited to Drug Products Having the Following Physical Characteristics Small Pink, Purple, or White Heart Shaped Tablets Etc. In the Possession Of, Midwest Pharmaceuticals, Inc., Omaha, Nebraska, United States of America v. Midwest Pharmaceuticals, Inc. A/K/A B & S Distributors, Steven F. Sommers, Robert S. LeibertCourt of Appeals for the Eighth Circuit · 1989
- Whitaker v. Kendall Co. (In Re Olympia Holding Corp.)United States Bankruptcy Court, M.D. Florida · 1999