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UNITED PHARMACAL CORPORATION v. UNITED STATES

No. 5928.

306 F.2d 515 (1962)

UNITED PHARMACAL CORPORATION et al., Defendants, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals First Circuit.

July 25, 1962.

Attorney(s) appearing for the Case

Solomon H. Friend, New York City, with whom Bass & Friend, New York City, was on brief, for appellants.

Daniel B. Bickford, Asst. U. S. Atty., with whom W. Arthur Garrity, Jr., U. S. Atty., William W. Goodrich, Asst. Gen. Counsel, and Walter E. Byerley, Atty., Washington, D. C., were on brief, for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

WOODBURY, Chief Judge.

In July 1961 the United States filed a complaint in the United States District Court for the District of Massachusetts against Metabolic Products Corp., a Massachusetts corporation, and Edward Y. Domina, its president, for a temporary and permanent injunction restraining them from introducing a drug variously called "Prostall," "Prostex" and "Urex" into interstate commerce on the ground that the drug...

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