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UNITED STATES v. DIANOVIN PHARMACEUTICALS, INC.

No. 72-1326.

475 F.2d 100 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. DIANOVIN PHARMACEUTICALS, INC., et al., Defendants-Appellants.

United States Court of Appeals, First Circuit.

Decided March 16, 1973.

Attorney(s) appearing for the Case

Frank Carbo, Santurce, P. R., for appellants.

Howard S. Epstein, Atty., Antitrust Div., Dept. of Justice, with whom Thomas E. Kauper, Asst. Atty. Gen., Antitrust Div., Julio Morales Sanchez, U. S. Atty., Gregory B. Hovendon, Chief, Consumer Affairs Section, Alvin L. Gottlieb, Deputy Asst. Gen. Counsel, Joanne S. Sisk, Chief, Appellate and Special Proceedings Branch, and Jeffrey B. Springer, Atty., Food, Drugs, and Product Safety Division, United States Department of Health, Education, and Welfare, were on brief, for appellee.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

This is an appeal by a Puerto Rico drug manufacturer, Dianovin, and its president, from an order of the district court1 reinstating its earlier permanent injunction restraining them from activities violative of the Federal Food, Drug and Cosmetic Act (the "Act").2

Appellants' principal contention is that the district court lacked jurisdiction, there having been no showing...

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