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UNITED STATES v. HOXSEY CANCER CLINIC

No. 13645.

198 F.2d 273 (1952)

UNITED STATES v. HOXSEY CANCER CLINIC et al.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 10, 1952.

Attorney(s) appearing for the Case

William W. Goodrich, Acting Asst. Gen. Counsel, Food & Drug Division, Washington, D. C., James M. McInerney, Asst. Atty. Gen., Frank B. Potter, U. S. Atty., Fort Worth, Tex., Vincent A. Kleinfeld, Atty., Dept. of Justice, Washington, D. C., Bernard D. Levinson and Joseph L. Maguire, Attys., Federal Security Agency, Washington, D. C., of counsel, for appellant.

Herbert K. Hyde, Oklahoma City, Okl., James H. Martin, Dallas, Tex., for appellees.

Before HUTCHESON, Chief Judge, and RUSSELL and RIVES, Circuit Judges.

RUSSELL, Circuit Judge.

Proceeding under the provisions of the Federal Food, Drug and Cosmetic Act,1 and relying particularly upon its provisions defining labeling,2 prohibiting introduction into interstate commerce of any drug that is misbranded,3 and deeming a drug misbranded "If its labeling is false or misleading in any particular"...

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