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DEAN RUBBER MANUFACTURING COMPANY v. UNITED STATES

No. 17855.

356 F.2d 161 (1966)

DEAN RUBBER MANUFACTURING COMPANY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

February 8, 1966.

Attorney(s) appearing for the Case

David Skeer, Kansas City, Mo., Judith Whittaker, Kansas City, Mo., Sheffrey, Ryder & Skeer, Kansas City, Mo., of counsel, for appellant.

Joseph Teasdale, Asst. U. S. Atty., Kansas City, Mo., Herbert J. Miller, Jr., Asst. Atty. Gen., Washington, D. C., F. Russell Millin, U. S. Atty., Kansas City, Mo., William W. Goodrich, Asst. Gen. Counsel, for Food and Drugs, and William R. Pendergast, Atty., U. S. Dept. of Health, Education and Welfare, Washington, D. C., on the brief, for appellee.

Before VAN OOSTERHOUT, BLACKMUN and MEHAFFY, Circuit Judges.

MEHAFFY, Circuit Judge.

Dean Rubber Manufacturing Company, a partnership, was tried to a jury under a ten-count information charging separate violations of the Federal Food, Drug and Cosmetic Act, 21 U.S.C.A. § 331(a).1 Five counts charged the interstate shipment of "adulterated" prophylactics2 and five counts charged the interstate shipment of "misbranded" prophylactics.3...

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