UNITED STATES v. CATANZARO

No. 17257.

407 F.2d 998 (1969)

UNITED STATES of America v. Vincent J. CATANZARO, Appellant.

United States Court of Appeals Third Circuit.

Decided March 4, 1969.


Attorney(s) appearing for the Case

Michael A. Querques, Querques, Isles & Weissbard, Orange, N. J. (Harvey Weissbard, Orange, N. J., of counsel and on the brief), for appellant.

Marlene Gross, Asst. U. S. Atty., Newark, N. J. (David M. Satz, Jr., U. S. Atty., Newark, N. J., on the brief), for appellee.

Before HASTIE, Chief Judge, and KALODNER and VAN DUSEN, Circuit Judges.


OPINION OF THE COURT

HASTIE, Chief Judge.

The appellant has been convicted by a jury on an information which charged that on specified occasions he caused a drug that had moved in interstate commerce to be "misbranded" while held for sale, in violation of section 331(k) of title 21, United States Code, in that he dispensed a toxic drug, amphetamine sulphate, in an unlabeled container and without a prescription contrary to the requirement of section 353(b...

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