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ALBERTY FOOD PRODUCTS v. UNITED STATES

No. 13062.

194 F.2d 463 (1952)

ALBERTY FOOD PRODUCTS et al. v. UNITED STATES.

United States Court of Appeals Ninth Circuit.

February 15, 1952.

Attorney(s) appearing for the Case

Eugene M. Elson, Los Angeles, Cal., for appellant.

Walter S. Binns, U. S. Atty., Clyde C. Downing, Asst. U. S. Atty., Tobias G. Klinger, Asst. U. S. Atty., all of Los Angeles, Cal. (Arthur A. Dickerman, Attorney, U. S. Food and Drug Administration, Federal Security Agency, Los Angeles, Cal., of counsel), for appellee.

Before DENMAN, Chief Judge, and ORR and POPE, Circuit Judges.

ORR, Circuit Judge.

The facts of this case have been stipulated. They appear in detail in the opinion of the District Court. D.C.S.D.Cal. 1951, 98 F.Supp. 23, 25. For our purposes it is sufficient to state that appellants manufacture, pack and distribute certain drugs in interstate commerce. The District Court found the drugs in question to be "misbranded" within the meaning of the Federal Food, Drug and Cosmetic Act in that their...

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