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UNITED STATES v. Y. HATA & CO., LTD.

Nos. 75-1681 and 75-1680.

535 F.2d 508 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Y. HATA & COMPANY, LIMITED, a corporation, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Minoru HATA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

May 5, 1976.

Attorney(s) appearing for the Case

Edwin Y. Sasaki (argued), Honolulu, Hawaii, and George Alexander McKray (argued), San Francisco, Cal., for defendants-appellants.

Thomas S. Brett, Atty. (argued), Consumer Affairs Section, Antitrust Div., Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before BROWNING and WRIGHT, Circuit Judges, and ANDERSON, District Judge.

OPINION

PER CURIAM:

This is an appeal from convictions of a corporation and its agent under the Federal Food, Drug and Cosmetic Act (the Act) [June 25, 1938, c. 675, 52 Stat. 1040; 21 U.S.C. § 301 et seq.].

Appellants argue:

(1) The trial court should have instructed the jury that defendants could not be convicted if it was "objectively impossible" for them to prevent violations of the law; and (2) The indictment should...

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