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UNITED STATES v. CARLISLE

No. 15898.

234 F.2d 196 (1956)

UNITED STATES of America, Appellant, v. Rutherford T. CARLISLE, an individual trading as Carlisle Drugs, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 30, 1956.

Attorney(s) appearing for the Case

E. Coleman Madsen, Asst. U. S. Atty., Jacksonville, Fla., Warren Olney, III, Asst. Atty. Gen., James L. Guilmartin, U. S. Atty., Miami, Fla., John T. Grigsby, Atty., Dept. of Justice, Alvin L. Gottlieb, Atty., Dept. of Health, Education, and Welfare, Washington, D. C., of counsel, for appellant.

George A. Pierce, Jacksonville, Fla., for appellee.

Before HUTCHESON, Chief Judge, and CAMERON and BROWN, Circuit Judges.

HUTCHESON, Chief Judge.

The appeal is taken pursuant to 18 U.S. C. § 3731, from a final order dismissing Counts IV,1 V and VI of a six count criminal information instituted under the provisions of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C.A. § 301 et seq.

Each of the three counts involved charges a separate violation of 21 U.S. C.A. § 331(k). Each count charges that on different occasions the defendant caused...

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