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MILES LABORATORIES v. FEDERAL TRADE COMMISSION

No. 8595.

140 F.2d 683 (1944)

MILES LABORATORIES, Inc., v. FEDERAL TRADE COMMISSION et al.

United States Court of Appeals District of Columbia.

Decided February 7, 1944.

Attorney(s) appearing for the Case

Mr. James F. Hoge, of New York City, with whom Messrs. Preston B. Kavanagh and Preston C. King, Jr., both of Washington, D. C., were on the brief, for appellant.

Mr. Cyrus B. Austin, of Washington, D. C., member of the Bar of the Court of Appeals of the State of New York, pro hac vice, by special leave of Court, with whom Messrs. William T. Kelley, Chief Counsel, Federal Trade Commission, and Edward M. Curran, United States Attorney, both of Washington, D. C., were on the brief, for appellees.

Before GRONER, Chief Justice, and EDGERTON and ARNOLD, Associate Justices.

GRONER, C. J.

Appellant is an Indiana corporation and is engaged in the sale and distribution in interstate commerce of certain medical preparations described as "Dr. Miles' Nervine," "Dr. Miles' Nervine Tablets," and "Dr. Miles' Anti-Pain Pills." The sales of these products amount to around a million dollars annually.

Stated in general terms, the present controversy grows out of the fact that some two or three years...

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