United States v. Western Serum Company, Inc.

666 F.2d 335 UNITED STATES of America, Plaintiff-Appellee, v. WESTERN SERUM COMPANY, INC., Chemalytics, Inc., Iatric Corporation, corporations, and Wallace F. Schmidt, Edward J. Prochaska, William T. Northey, and Rickie M. Adams, individuals, Defendants-Appellants. No. 80-5835. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 14, 1981. Decided Jan. 4, 1982. Steven A. Cohen, Phoenix, Ariz., argued, for defendants-appellants; Levenbaum, Cohen & Reed, Phoenix, Ariz., on brief. John J. Powers, III, Dept. of Justice, Washington, D. C., argued, for plaintiff-appellee; Frederic Freilicher, Dept. of Justice, Washington, D. C., on brief. Appeal from the United States District Court for the District of Arizona. Before KENNEDY and ALARCON, Circuit Judges, and BELLONI, * District Judge. KENNEDY, Circuit Judge: 1 Appellant Western Serum is a manufacturer of veterinary drugs. The United States instituted an enforcement action under the Federal Food, Drug and Cosmetic Act of 1938, 21 U.S.C. §§ 301-392 (1976) (herein "the Act"), seeking to enjoin Western Serum from distributing eleven of its drug products. 2 On the Government's motion for summary judgment,…