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UNITED STATES v. ALLAN DRUG CORPORATION

Nos. 7914, 7915.

357 F.2d 713 (1966)

UNITED STATES of America, Appellant, v. ALLAN DRUG CORPORATION, Appellee (two cases).

United States Court of Appeals Tenth Circuit.

Rehearing Denied April 29, 1966.

Attorney(s) appearing for the Case

Arthur A. Dickerman, Atty., U. S. Dept. of Health, Education and Welfare (Lawrence M. Henry, U. S. Atty., and David I. Shedroff, Asst. U. S. Atty., with him on brief), for appellant.

Robert D. Inman, of Kelley, Inman, Flynn & Coffee, Denver, Colo. (Frank E. Gettleman, of Gettleman & Gettleman, Chicago, Ill., with him on brief), for appellee.

Before MURRAH, Chief Judge, and PICKETT and SETH, Circuit Judges.

MURRAH, Chief Judge.

In this consolidated libel action1 the Colorado District Court condemned as misbranded2 a drug labeled "Halsion, A Plan of Medication and Care for Acne and Pimples" and returned the seized articles to the intervening claimant to be brought into compliance with the drug law under the supervision of a representative of the Secretary of Health, Education and Welfare.3

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