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GEORGE A. BREON & CO. v. UNITED STATES

No. 10046.

74 F.2d 4 (1934)

GEORGE A. BREON & CO., Inc., v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

November 19, 1934.

Attorney(s) appearing for the Case

George D. Beardsley and Harry L. Donnelly, both of Kansas City, Mo. (Beardsley & Beardsley, of Kansas City, Mo., on the brief), for appellant.

J. P. Painter, Asst. to the Sol., U. S. Department of Agriculture, of Washington, D. C. (Maurice M. Milligan, U. S. Atty., of Kansas City, Mo., and Seth Thomas, Sol., U. S. Department of Agriculture, of Washington, D. C., on the brief), for the United States.

Before GARDNER, SANBORN, and WOODROUGH, Circuit Judges.

GARDNER, Circuit Judge.

This is an appeal from the judgment of the lower court finding appellant guilty upon the second count of an information charging it with having shipped in interstate commerce a bottle containing one hundred capsules, labeled one-quarter grain dessicated thyroid, and charging that the same was misbranded under the Food and Drug Act (title 21 US CA §§ 1 to 25), in that said capsules contained more than one-quarter grain dessicated thyroid...

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