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UNITED STATES v. KAYBEL, INC.

Nos. 17776-17778.

430 F.2d 1346 (1970)

UNITED STATES of America v. KAYBEL, INC., Harry Bell, Abraham Kaye, Kaybel, Inc., Appellant in No. 17776, Harry Bell, Appellant in No. 17777, Abraham Kaye, Appellant in No. 17778.

United States Court of Appeals, Third Circuit.

Decided August 10, 1970.

Rehearing Denied September 8, 1970.

Attorney(s) appearing for the Case

Sidney Slauson, Englewood, N. J., for appellants.

W. Hunt Dumont, Asst. U. S. Atty., Newark, N. J. (Frederick B. Lacey, U. S. Atty., Newark, N. J., William W. Goodrich, Asst. Gen. Counsel, Food, Drugs & Environmental Health Division, John C. Young, Atty., Dept. of Health, Education & Welfare, Washington, D. C., on the brief) for appellee.

Before HASTIE, Chief Judge, and MARIS and FREEDMAN, Circuit Judges.

OPINION OF THE COURT

HASTIE, Chief Judge.

Kaybel, Inc., a wholesale drug distributor, its president and its secretary-treasurer were charged with introducing a "new drug," Enovid 5 mg., into interstate commerce in violation of 21 U. S.C. § 355(a), in that no approved new drug application was effective with respect to that drug. After trial before a jury, and after the court had denied the defendants' motion...

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