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UNITED STATES v. MARCEN LABORATORIES, INC.

No. 75 Cr. 1200-LFM.

416 F.Supp. 453 (1976)

UNITED STATES of America, v. MARCEN LABORATORIES, INC., a corporation, and Raphael A. Marotta, an Individual, Defendants.

United States District Court, S. D. New York.

June 11, 1976.

Attorney(s) appearing for the Case

Bromsen, Gammerman, Altier & Wayne, New York City, for defendants.

Robert B. Fiske, Jr., U. S. Atty., S. D. N. Y., New York City, by Lawrence B. Pedowitz, Asst. U. S. Atty., Arthur N. Levine and Donald O. Beers, Attys., Food and Drug Administration, New York City, for United States.

OPINION

MacMAHON, District Judge.

Defendants move to dismiss the information, claiming that the statute on which the charges are based is unconstitutional. Defendants pled guilty on January 20, 1976, but, before accepting their pleas, we approved a stipulation between counsel which provides that the pleas could be withdrawn if defendants should prevail on their instant motion.

The information charges that defendants introduced into interstate commerce...

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