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DUGAN DRUG STORES, INC. v. UNITED STATES

No. 20493.

326 F.2d 835 (1964)

DUGAN DRUG STORES, INC., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

January 21, 1964.

Attorney(s) appearing for the Case

Harman Parrott, T. H. Riggs, Houston, Tex., McGregor, Sewell, Junell & Riggs, Houston, Tex., of counsel, for appellant.

Scott T. Cook, James R. Gough, Asst. U. S. Atty., Houston, Tex., Stuart R. Pollak, Atty., Dept. of Justice, Washington, D. C., Woodrow Seals, U. S. Atty., Houston, Tex., for appellee.

Before HUTCHESON, BREITENSTEIN, and BELL, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Appellant Dugan Drug Stores, Inc., along with its president and four employees, was charged in a 10-count information with violations of the Food, Drug and Cosmetic Act1 by refilling prescriptions for a potentially harmful drug without authorization by the prescribing physician.2 A jury trial resulted in the acquittal of the president and all employees except one who plead guilty...

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