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DE FREESE v. UNITED STATES

No. 17361.

270 F.2d 730 (1959)

Dr. Samuel J. DE FREESE and Marsha Jean Simmons DeFreese, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied November 4, 1959.

Attorney(s) appearing for the Case

Arthur D. Herrick, New York City, for appellants.

J. Robert Sparks, Asst. U. S. Atty., James W. Dorsey, U. S. Atty., Atlanta, Ga., Charles D. Read, Jr., Acting U. S. Atty., Atlanta, Ga., for appellee.

Before JONES, BROWN, and WISDOM, Circuit Judges.

WISDOM, Circuit Judge.

This appeal raises a serious question as to whether the Federal Food, Drug, and Cosmetic Act,1 prohibiting dispensing of certain potentially dangerous drugs without a prescription, applies only to sales at the retail or pharmacist's level. We hold that it applies to bulk sales for resale by a physician, in the circumstances of this case. The appellants raise other points, all of which we consider without merit. We...

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