United States v. Articles of Drug Consisting of 203 Paper Bags, Etc.
Court of Appeals for the Seventh Circuit
1Opinion of the Court
POSNER, Circuit Judge.
The United States appeals from an order by the district court (reported at 634 F.Supp. 435 (N.D.Ill.1986)) allowing Amexchem — which had imported certain new animal drugs into the United States in alleged violation of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 301 et seq. — to re-export the drugs. The Food and Drug Administration had seized them pursuant to 21 U.S.C. § 334, and wanted to destroy them. Because the order allowing the drugs to be re-exported wasn’t stayed, Amexchem went ahead and re-exported them before the appeal was heard. In its brief the…
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