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UNITED STATES v. SENE X ELEEMOSYNARY CORP., INC.

No. 79-2661-Civ-SMA.

479 F.Supp. 970 (1979)

UNITED STATES of America, Plaintiff, v. SENE X ELEEMOSYNARY CORP., INC., a corporation, also doing business as "Club SeneX"; and, Seven Freedom Pharmacy, Inc., a corporation; and Alan M. Kratz, Harry Emerson, and Roger I. Sabastier, Individuals, Respondents.

United States District Court, S. D. Florida.

As Amended October 29, 1979.

Attorney(s) appearing for the Case

J. V. Eskenazi, U. S. Atty., Kenneth D. Stern, Asst. U. S. Atty., Southern District of Florida, Miami, Fla., Catherine L. Copp, U. S. Food & Drug Administration, Rockville, Md., Anita Johnson, Consumer Affairs Section, Dept. of Justice, Washington, D. C., for plaintiff.

Richard J. Hays, Theodore J. Silver, Miami, Fla., for respondents.

OPINION AND ORDER OF PRELIMINARY INJUNCTION

ARONOVITZ, District Judge.

The following Opinion and Order of Preliminary Injunction constitute findings of fact and conclusions of law for the purposes of Rule 52(a), Federal Rules of Civil Procedure.

FINDINGS OF FACT

Introduction

This is an injunction action brought pursuant to section 302(a) of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 332(a) (the Act), which...

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