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SULLIVAN v. UNITED STATES

No. 11774.

161 F.2d 629 (1947)

SULLIVAN v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

May 12, 1947.

Attorney(s) appearing for the Case

J. Madden Hatcher and R. M. Arnold, both of Columbus, Ga., for appellant.

Vincent A. Kleinfeld, Atty., Dept. of Justice, of Washington, D. C., and John P. Cowart, U. S. Atty., of Macon, Ga., for appellee.

Before SIBLEY, McCORD, and LEE, Circuit Judges.

SIBLEY, Circuit Judge.

Sullivan, a local retail merchant in Columbus, Georgia, was convicted under the Federal Food, Drug, and Cosmetics Act, 52 Stats. 1040, Sect. 301 (c) and (k), 21 U.S. C.A. § 331(c) and (k), for selling to two federal inspectors two lots of 12 tablets each of sulfathiazole taken from a bottle on the shelves of his drug store which had contained 1,000 tablets. The facts as alleged in the information and stipulated or proven on the trial are...

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