United States v. Two Units, More Or Less, Of An Article Or Device, Consisting Of A Power Unit And A Chair, Etc.

49 F.3d 479 UNITED STATES of America, Plaintiff-Appellee, v. TWO UNITS, MORE OR LESS, OF AN ARTICLE OR DEVICE, CONSISTING OF A POWER UNIT AND A CHAIR, etc., Defendant, and Kyttaron Energy Corporation, Claimant-Appellant. No. 93-16083. United States Court of Appeals, Ninth Circuit. Submitted Nov. 14, 1994. * Memorandum Nov. 23, 1994. Order and Opinion March 6, 1995. Richard J. Merritt, Lido Beach, NY, for claimant-appellant. Greg Addington, Asst. U.S. Atty., and James S. Cohen, Associate Chief Counsel for Enforcement, U.S. Food and Drug Admin., Reno, NV, for plaintiff-appellee. Appeal from the United States District Court for the District of Nevada. Before: CHOY, FARRIS, and BRUNETTI, Circuit Judges. ORDER The memorandum disposition filed November 23, 1994, is redesignated as an authored opinion by Judge Farris. OPINION FARRIS, Circuit Judge: 1 Kyttaron Energy Corporation appeals from the district court's summary judgment for the United States. Kyttaron contends that the district court erred in ruling that the seized medical devices were subject to forfeiture under the Food, Drug, and Cosmetic Act for failure to maintain adequate records and for mislabeling. We have jurisdiction…