UNITED STATES v. COLAHAN

No. 79-3767.

635 F.2d 564 (1980)

UNITED STATES of America, Plaintiff-Appellant, v. Jerry J. COLAHAN et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided December 11, 1980.


Attorney(s) appearing for the Case

Randolph Baxter, Asst. U. S. Atty., Cleveland, Ohio, Richard E. Geyer and Donald F. Segal, Food and Drug Administration, Rockville, Md., John J. Powers, II, Peter L. de la Cruz, Dept. of Justice, Washington, D. C., for the U. S.

Stanley M. Fisher, Guren, Merritt, Sogg & Cohen, Frances Mitchell Schaul, Cleveland, Ohio, for defendants-appellees.

Before MERRITT and BROWN, Circuit Judges, and GUY, District Judge.


BAILEY BROWN, Circuit Judge.

The government brought this action against Colahan and others (herein collectively referred to as Colahan), alleging that Colahan sold veterinary drugs directly to dairy farmers without a prescription in violation of an applicable regulation promulgated by the Food and Drug Administration (FDA). The district court issued a temporary restraining order. This was replaced six days later by a stipulated order in which Colahan agreed not to...

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