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UNITED STATES v. VARIOUS ARTICLES OF DRUGS, ETC.

Nos. 13913, 13914, 13958.

314 F.2d 850 (1963)

UNITED STATES of America, Appellant, v. VARIOUS ARTICLES OF DRUGS CONSISTING OF UNKNOWN QUANTITIES OF PRESCRIPTION DRUGS Originally Intended for Use as Samples for Physicians, Etc.

United States Court of Appeals Third Circuit.

Decided March 11, 1963.

Attorney(s) appearing for the Case

William W. Goodrich, Asst. Gen. Counsel, Washington, D. C. (Herbert J. Miller, Jr., Asst. Atty. Gen., Harold P. Shapiro, Sydney Brodie, Attys., Dept. of Justice, David M. Satz, Jr., U. S. Atty., Arthur A. Dickerman, Atty., Dept. of Health, Education and Welfare, on the brief), for appellant.

Sidney Slauson, Englewood, N. J., for appellee in Nos. 13913 and 13914.

Alan C. Sugarman, Asbury Park, N. J., for appellee in No. 13958.

Before BIGGS, Chief Judge, and KALODNER and FORMAN, Circuit Judges.

PER CURIAM.

It appears from the record in the appeal at No. 13914, Kaybel, Inc., claimant, that the court below filed an order on December 11, 1961. the order appealed from, in which the claimant's motion for summary judgment as to the issue of misbranding was granted. However, Paragraph "5" of this order granted the United States leave to amend its libel, and further stated that the claimant waived notice in respect to the amendment. It also appears from the record...

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