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UNITED STATES v. GUARDIAN CHEMICAL CORPORATION

Nos. 368, 369, Dockets 32789, 32790.

410 F.2d 157 (1969)

UNITED STATES of America, Appellee, v. GUARDIAN CHEMICAL CORPORATION and Alfred E. Globus, Appellants.

United States Court of Appeals Second Circuit.

Decided April 15, 1969.

Attorney(s) appearing for the Case

Selma M. Levine, Washington, D. C. (Benjamin Wm. Mehlman, New York City, Joel E. Hoffman, Peter J. Hoagland, Wald, Harkrader & Rockefeller, Washington, D. C., on the brief), for appellants.

Robert Kraft, Asst. U. S. Atty., Brooklyn, N. Y. (Vincent T. McCarthy, U. S. Atty., Jerome C. Ditore, Asst. U. S. Atty., Brooklyn, N. Y., Joanne S. Sisk, Atty., Dept. of Health, Education and Welfare, Washington, D. C., on the brief), for appellee.

Before LUMBARD, Chief Judge, SMITH, Circuit Judge, and McLEAN, District Judge.

McLEAN, District Judge:

On October 20, 1965, a two-count information was filed in the United States District Court for the Eastern District of New York against defendants. The first count charged them with introducing a new drug into interstate commerce on November 14, 1962 without first having obtained approval of an application required for new drugs by 21 U.S.C. § 355(b). The second count charged them with introducing into interstate commerce on November 14...

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