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UNITED STATES v. GENERAL NUTRITION, INC.

No. CR-84-174E.

638 F.Supp. 556 (1986)

The UNITED STATES of America v. GENERAL NUTRITION, INCORPORATED, Gary A. Daum, David E. Walsh, George E. McTurk, Ilene M. Fenicchia and Jessie M. Copia.

United States District Court, W.D. New York.

May 27, 1986.

Attorney(s) appearing for the Case

Joseph M. Guerra, III, Asst. U.S. Atty., Buffalo, N.Y., Anita Johnson, Washington, D.C., and Donald E. Segal, Rockville, Md. for plaintiff.

Joseph V. Sedita, Michael Brady, Buffalo, N.Y., Robert B. Fiske, Jr., Pamela R. Chepiga, Charles A. Stillman, New York City, Joseph Sbarbati, Niagara Falls, N.Y., Peter Fleming, Jr., Milton Bass, New York City, for defendants.

MEMORANDUM and ORDER

ELFVIN, District Judge.

The abovenamed corporation and individuals ("the defendants") are charged in a seven-count Indictment with violations of the Food, Drug and Cosmetic Act ("the Act"), 21 U.S.C. § 301 et seq. in connection with the marketing of a substance known as "Gammaprim", and with conspiracy to defraud the government in violation of 18 U.S.C. § 371. Presently pending are motions to dismiss the Indictment by...

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