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UNITED STATES v. INTERNATIONAL EXTERMINATOR CORP.

No. 18785.

294 F.2d 270 (1961)

UNITED STATES of America, Appellant, v. INTERNATIONAL EXTERMINATOR CORPORATION and Harlan K. Baker, Appellees.

United States Court of Appeals Fifth Circuit.

September 8, 1961.

Attorney(s) appearing for the Case

William L. Hughes, Jr., Clayton Bray, Fort Worth, Tex., Duane L. Nelson, Washington, D. C., William B. West, III, U. S. Atty., Fort Worth, Tex., for appellant.

Ardell M. Young, Brown, Herman, Scott & Young, Fort Worth, Tex., for appellees.

Before TUTTLE, Chief Judge, and CAMERON and JONES, Circuit Judges.

JONES, Circuit Judge.

The United States brought suit against International Exterminator Corporation and Harlan K. Baker, its President, asserting violations of the Federal Food, Drug and Cosmetic Act, 21 U.S.C.A. § 301 et seq., and praying for injunctive relief. The district court sustained a motion to dismiss on the ground that the complaint fails to state a cause of action upon which relief can be granted. The United States has appealed.

The complaint...

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