United States v. 4 CANS, ETC., Civ. No. 786

CourtUnited States District Courts. 8th Circuit. Northern District of Iowa
Writing for the CourtGRAVEN
Citation127 F. Supp. 243
PartiesUNITED STATES of America, Libelant, v. 4 CANS, ETC., MASTER LIQUID; 1 can Master Liquid; 35 jugs Master Liquid and 2 mimeographed letters; 55 bottles Master Liquid and 1 mimeographed letter dated July 30, 1953; 2 cans Master Liquid; 7 jugs Master Liquid and one 4 page leaflet, etc. John E. von Dorn, liquidating trustee of Master Laboratories, a co-partnership, Claimant in each case.
Decision Date06 January 1955
Docket Number787,Civ. No. 786,793,794 and 797.,792

127 F. Supp. 243

UNITED STATES of America, Libelant,
v.
4 CANS, ETC., MASTER LIQUID; 1 can Master Liquid; 35 jugs Master Liquid and 2 mimeographed letters; 55 bottles Master Liquid and 1 mimeographed letter dated July 30, 1953; 2 cans Master Liquid; 7 jugs Master Liquid and one 4 page leaflet, etc.
John E. von Dorn, liquidating trustee of Master Laboratories, a co-partnership, Claimant in each case.

Civ. Nos. 786, 787, 792, 793, 794 and 797.

United States District Court, N. D. Iowa, W. D.

January 6, 1955.


127 F. Supp. 244

F. E. Van Alstine, U. S. Atty., Sioux City, Iowa, for libelant.

John E. Von Dorn, Omaha, Neb., for libelees.

GRAVEN, District Judge.

On December 14th, 1954 at the Federal Court House at Sioux City, Iowa there came on for hearing the motions of the Libelant for summary judgment in the above entitled actions. F. E. Van Alstine, United States District Attorney, appeared as attorney for the Libelant in support of said motions. John E. von Dorn appeared as attorney for the Claimant in resistance thereto. It was there agreed between the attorney for the Libelant and the attorney for the Claimant that the said motions be submitted on written briefs and arguments. The attorney for the Libelant thereupon submitted a written brief and argument on its behalf. On December 21st, 1954 the attorney for the Claimant submitted a written brief and argument on behalf of the Claimant, and the said motions were thereupon submitted to the Court and by it taken under advisement. The Libelant submitted affidavits in support of its motion for summary judgment. The Claimant submitted affidavits in connection with its resistance thereto.

The Court now being fully advised in the premises finds:

1. The Master Laboratories was and is a co-partnership consisting of John E. von Dorn and Agnes C. von Dorn. John E. von Dorn is the liquidating trustee of said partnership which is the Claimant herein. The principal place of business of said partnership is in the City of Omaha, Douglas County, Nebraska.

2. For a number of years the Claimant has been engaged in selling in interstate commerce a liquid preparation styled and known as "Master Liquid" or "Master Liquid Hog Medicine". The labels of the preparation contained claims or representations to the effect that the preparation would be beneficial and efficacious in the prevention or cure of a swine ailment commonly referred to as "Necro". The preparation is directed to be used in slop feed for swine.

3. On March 18th, 1949 the United States of America instituted an action in the Cedar Rapids Division of this District which action was Civil Action No. 325 in that Division. For convenience in reference that action will be referred to as Civil Action 325. That action was entitled as follows:

United States of America Libelant vs

7 Cans, more or less, 3 Gallons each, and 3 cans, more or less, 5 Gallons each of an article of drug labelled in part: "Master Liquid Hog Medicine"; and 43 leaflets entitled "Master Treatment For Brood Sows",

Libelee

4. In Civil Action 325 the Libelant claimed that the "Master Liquid" preparation which was the subject matter of the action had been shipped in interstate commerce. The Libelant further claimed that the said liquid preparation was misbranded under the provisions of that portion of 21 U.S.C.A. Section 352 which provides: "A drug * * * shall be deemed to be misbranded—(a) If its labeling is false or misleading in any particular." The Libelant asked for the seizure and condemnation of the liquid preparation which was the subject matter of the action under the provisions of 21 U.S.C.A. § 334. The Claimant in the present actions intervened as a Claimant in the action and contested the claims of the Libelant in regard to the liquid preparation. Starting on May 9th, 1950 a Court trial of

127 F. Supp. 245
substantial length was had as to the matters in issue between the Libelant and Claimant. The Libelant presented the testimony of eight expert witnesses. The Libelant's evidence included the results of tests of "Master Liquid" in connection...

To continue reading

Request your trial
5 practice notes
  • United States v. AN ART. OF DRUG... NEOTERRAMYCIN, ETC., Civ. A. No. CA-3-79-0615-D.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • December 14, 1981
    ...817-18 (2d Cir. 1963) (per curiam), as well as being res judicata in a subsequent seizure. United States v. 4 Cans ... Master Liquid, 127 F.Supp. 243, 246 (N.D.Ia.1955). Conversely, a judgment in this case for Pfizer would be res judicata against the government. United States v. One Dozen B......
  • U.S. v. An Article of Drug Consisting of 4,680 Pails, More or Less, Each Pail Containing 60 Packets, Etc., No. 82-1381
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • February 27, 1984
    ...The effect of this finding would be res judicata against Pfizer in a subsequent seizure, United States v. 4 Cans ... Master Liquid, 127 F.Supp. 243, 246 (N.D.Iowa 1955), as well as being res judicata in a subsequent injunction action. United States v. Nysco Laboratories, Inc., 318 F.2d 817,......
  • U.S. v. L-Tyrosine, No. CIV.98-2400 (JRT/FLN).
    • United States
    • United States District Courts. 8th Circuit. United States District Court of Minnesota
    • March 31, 2002
    ...judgment, but simply recognize that res judicata existed in those forfeiture proceedings. United States v. 4 Cans, Etc., Master Liquid, 127 F.Supp. 243, 246 (N.D.Iowa 1955) and United States v. Ik 105 Pound Bags, Mineral Compound, 118 F.Supp. 837, 839 (D.Idaho 1953). Creative is correct tha......
  • United States v. DEVICE LABELED" CAMERON SPITLER, ETC.", Civ. 02099.
    • United States
    • United States District Courts. 8th Circuit. United States District Court of Nebraska
    • January 13, 1966
    ...One Device * * * The Ellis Micro-Dynameter, 261 F. Supp. 245 224 F.Supp. 265 (E.D.Pa.1963); United States v. 4 Cans etc. Master Liquid, 127 F.Supp. 243 (N.D.Iowa 1955). Not every issue of fact, however genuine, precludes entry of summary judgment. It is only genuine issues of material fact ......
  • Request a trial to view additional results
5 cases
  • United States v. AN ART. OF DRUG... NEOTERRAMYCIN, ETC., Civ. A. No. CA-3-79-0615-D.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • December 14, 1981
    ...817-18 (2d Cir. 1963) (per curiam), as well as being res judicata in a subsequent seizure. United States v. 4 Cans ... Master Liquid, 127 F.Supp. 243, 246 (N.D.Ia.1955). Conversely, a judgment in this case for Pfizer would be res judicata against the government. United States v. One Dozen B......
  • U.S. v. An Article of Drug Consisting of 4,680 Pails, More or Less, Each Pail Containing 60 Packets, Etc., No. 82-1381
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • February 27, 1984
    ...The effect of this finding would be res judicata against Pfizer in a subsequent seizure, United States v. 4 Cans ... Master Liquid, 127 F.Supp. 243, 246 (N.D.Iowa 1955), as well as being res judicata in a subsequent injunction action. United States v. Nysco Laboratories, Inc., 318 F.2d 817,......
  • U.S. v. L-Tyrosine, No. CIV.98-2400 (JRT/FLN).
    • United States
    • United States District Courts. 8th Circuit. United States District Court of Minnesota
    • March 31, 2002
    ...judgment, but simply recognize that res judicata existed in those forfeiture proceedings. United States v. 4 Cans, Etc., Master Liquid, 127 F.Supp. 243, 246 (N.D.Iowa 1955) and United States v. Ik 105 Pound Bags, Mineral Compound, 118 F.Supp. 837, 839 (D.Idaho 1953). Creative is correct tha......
  • United States v. DEVICE LABELED" CAMERON SPITLER, ETC.", Civ. 02099.
    • United States
    • United States District Courts. 8th Circuit. United States District Court of Nebraska
    • January 13, 1966
    ...One Device * * * The Ellis Micro-Dynameter, 261 F. Supp. 245 224 F.Supp. 265 (E.D.Pa.1963); United States v. 4 Cans etc. Master Liquid, 127 F.Supp. 243 (N.D.Iowa 1955). Not every issue of fact, however genuine, precludes entry of summary judgment. It is only genuine issues of material fact ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT