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UNITED STATES v. NYSCO LABORATORIES, INC.

No. 60-C-530.

215 F.Supp. 87 (1963)

UNITED STATES of America, Plaintiff, v. NYSCO LABORATORIES, INC., a corporation, and Eugene J. Yoss, an individual, Defendants.

United States District Court E. D. New York.

March 4, 1963.

Attorney(s) appearing for the Case

Joseph P. Hoey, U. S. Atty., Eastern Dist. of New York, for plaintiff; Martin R. Pollner, Asst. U. S. Atty., of counsel.

Bass & Friend, New York City, for defendants; Solomon H. Friend, New York City, of counsel.

BRUCHHAUSEN, District Judge.

The plaintiff moves for summary judgment.

This action was instituted, pursuant to 21 U.S.C. § 321 et sequa, to enjoin the defendant corporation and its president, Eugene J. Yoss, and those in participation with them from introducing into interstate commerce a certain drug containing phenylpropanolamine hydrochloride. The plaintiff, in its complaint, alleges that the labeling, accompanying the

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