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UNITED STATES v. CRESCENT-KELVAN CO.

No. 9350.

164 F.2d 582 (1948)

UNITED STATES v. CRESCENT-KELVAN CO. et al.

Circuit Court of Appeals, Third Circuit.

Decided January 26, 1948.

Attorney(s) appearing for the Case

Roland J. Christy, of Philadelphia, Pa., for appellants.

Edward A. Kallick, of Philadelphia, Pa. (Gerald A. Gleeson, U.S. Atty., of Philadelphia, Pa., Theron L. Caudle, Asst. Atty. Gen., and Vincent A. Kleinfeld and John T. Grigsby, Attys., Department of Justice, both of Washington, D. C., on the brief), for appellee.

Before BIGGS, ALBERT LEE STEPHENS and MARIS, Circuit Judges.

BIGGS, Circuit Judge.

The information in the case at bar charges Crescent-Kelvan Company and the individual defendants in two separate counts with violations of the Federal Food, Drug, and Cosmetic Act of June 25, 1938, c. 675, Section 1 et seq., 52 Stat. 1040 (1938), 21 U.S.C.A. § 301 et seq.

The first count charges that the defendants caused to be shipped in interstate commerce a drug, known by the trade name of "Methosol", adulterated within the purview...

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