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UNITED STATES v. INDUSTRIAL LABORATORIES CO.

No. 71-1651.

456 F.2d 908 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. INDUSTRIAL LABORATORIES CO. and David Paul Ochs, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

April 3, 1972.

Attorney(s) appearing for the Case

Gregory B. Hovendon, Atty., Department of Justice (Richard W. McLaren, Asst. Atty. Gen., James L. Treece, U. S. Atty., C. Coleman Bird, Atty., Department of Justice, Peter Barton Hutt, Asst. Gen. Counsel, Food, Drugs, and Environmental Health Division, Eugene M. Pfeifer, Robert E. Wilmoth and Marc H. Bozeman, Attys., United States Department of Health, Education, and Welfare, of counsel, on the brief), for plaintiff-appellee.

Lawrence M. Henry, Denver, Colo., for defendants-appellants.

Before HILL, BARRETT and DOYLE, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

The appellants Industrial Laboratories Company and David Paul Ochs (the latter being the Laboratories' Chief Chemist) were convicted by a jury in U. S. District Court for Colorado on two counts each of causing, with intent to mislead and defraud, the introduction and the delivery for introduction into interstate commerce of an adulterated drug in violation of § 301(a) of the Federal Food...

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