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UNITED STATES v. S. B. PENICK & CO.

No. 230.

136 F.2d 413 (1943)

UNITED STATES v. S. B. PENICK & CO. et al.

Circuit Court of Appeals, Second Circuit.

June 17, 1943.

Attorney(s) appearing for the Case

Benjamin P. DeWitt, of New York City (Sidney Pepper, of New York City, of counsel), for appellants.

Mathias F. Correa, U. S. Atty. (Robert Roy Dann and Samuel H. Reis, Asst. U. S. Attys., both of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and FRANK, Circuit Judges.

SWAN, Circuit Judge.

The appellants were convicted of violating the Food and Drugs Act, 21 U.S.C.A. § 1 et seq., by making three interstate shipments of ephedrine sulfate which did not conform to the standards of the United States Pharmacopoeia. With respect to each shipment one count of the information charged that the drug was adulterated and another count charged that it was misbranded. The shipments were made on November 1, November 17 and December 14, 1937...

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