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UNITED STATES v. SHAPIRO

No. 73-1670.

491 F.2d 335 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph J. SHAPIRO, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided February 6, 1974.

Attorney(s) appearing for the Case

Robert L. Sloss, Jon L. Fleischaker, Wyatt, Grafton & Sloss, Laurence E. Higgins, Louisville, Ky., on brief, for defendant-appellant.

Margaret A. Cotter, U. S. Dept. of Justice, for plaintiff-appellee; George J. Long, U. S. Atty., A. Duane Schwartz, Asst. U. S. Atty., Gregory B. Hovendon, Chief, Consumer Affairs Section, Anti-Trust Div., U. S. Dept. of Justice, Washington, D.C., on brief; Peter Barton Hutt, Asst. Gen. Counsel, Joanne S. Sisk, Chief, App. and Sp. Proceedings Branch, Barbara L. Spivak, Atty., Office of the Gen. Counsel, Food and Drug Div., Dept. of Health, Ed. and Welfare, Rockville, Md., of counsel.

Before EDWARDS and PECK, Circuit Judges, and McALLISTER, Senior Circuit Judge.

PER CURIAM.

This is an appeal from the District Court's order revoking defendant-appellant's probation and imposing a sentence of six months imprisonment.

Appellant Shapiro is the former co-owner of the Tasty Cookie Company, holding the positions of president and sales manager. His partner Yandell O'Koon was secretary-treasurer and production manager. After charges of violating the Food, Drug and Cosmetic Act, 21 U.S.C. § 331(a) & (k) (1970), were...

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