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UNITED STATES v. 42 JARS, MORE OR LESS, ETC.

No. 12667.

264 F.2d 666 (1959)

UNITED STATES of America v. 42 JARS, MORE OR LESS, of an article of drug labeled in part "BEE ROYALE CAPSULES". Appeal of BEE ROYALE, INC.

United States Court of Appeals Third Circuit.

Decided March 12, 1959.

Attorney(s) appearing for the Case

Milton A. Bass, New York City (Bass & Friend, New York City, on the brief), for appellant.

Jerome D. Schwitzer, Asst. U. S. Atty., Newark, N. J., Alvin Gottlieb, Dept. Health, Education & Welfare, Washington, D. C. (Malcolm Anderson, Asst. Atty. Gen., Chester A. Weidenburner, U. S. Atty., Newark, N. J., on the brief), for appellee.

GOODRICH, Circuit Judge.

This case deals with two points. One is the scope to be given to finality of administrative action. The other has to do with corporate answers to interrogatories under Rule 33.1

The points come up in this fashion. In February, 1957, a libel was filed in the United States District Court in Massachusetts alleging that a drug called "Bee Royale Capsules" was misbranded while being held for sale following interstate...

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