UNITED STATES v. HOHENSEE

Nos. 11977-11979.

243 F.2d 367 (1957)

UNITED STATES of America, Appellee, v. Adolphus HOHENSEE, an Individual, Appellant. UNITED STATES of America, Appellee, v. EL RANCHO ADOLPHUS PRODUCTS, Inc., a Corporation, Appellant. UNITED STATES of America, Appellee, v. SCIENTIFIC LIVING, Inc., a Corporation, Appellant.

United States Court of Appeals Third Circuit.

Decided January 29, 1957.

Rehearing Denied March 1, 1957.


Attorney(s) appearing for the Case

Horace Donnelly, Washington, D. C. (C. Clark Hodgson, Philadelphia, Pa., Raymond Bialkowski, Scranton, Pa., on the brief), for appellants.

William J. Risteau, Dept. of Health, Education and Welfare, Washington, D. C. (Warren Olney, III, Asst. Atty. Gen., J. Julius Levy, U. S. Atty., Scranton, Pa., John T. Grigsby, Atty., Dept. of Justice, Scranton, Pa., on the brief), for appellee.

Before BIGGS, Chief Judge, and McLAUGHLIN and STALEY, Circuit Judges.


McLAUGHLIN, Circuit Judge.

Appellants were indicted on nine counts for causing the introduction and delivery for introduction into interstate commerce of misbranded drugs, contrary to the Federal Food, Drug, and Cosmetic Act, 21 U.S.C.A. § 321 et seq.1 Counts VIII and IX were withdrawn by the government in the course of the trial and nolle prossed. All three appellants were convicted on the...

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