UNITED STATES v. ELLIS RESEARCH LABORATORIES, INC.

No. 13471.

300 F.2d 550 (1962)

UNITED STATES of America, Plaintiff-Appellee, v. ELLIS RESEARCH LABORATORIES, INC., and Robert W. Ellis, an individual, Defendants-Appellants.

United States Court of Appeals Seventh Circuit.

March 22, 1962.


Attorney(s) appearing for the Case

Max Putnam, Des Moines, Iowa, Charles B. Cannon, Chicago, Ill., for appellant.

James P. O'Brien, U. S. Atty., Thomas W. James, Asst. U. S. Atty., Chicago, Ill., William J. Risteau, Department of Health, Education, and Welfare, of counsel, for appellee.

Before HASTINGS, Chief Judge, and CASTLE and SWYGERT, Circuit Judges.


HASTINGS, Chief Judge.

The United States instituted an action against defendants, Ellis Research Laboratories, Inc. and Robert W. Ellis. By its complaint, it sought to enjoin defendants under the Federal Food, Drug, and Cosmetic Act1 from shipping in interstate commerce a misbranded device intended for use in the diagnosis of disease. After entering findings of fact and conclusions of law, the...

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