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UNITED STATES v. SEELIG

Nos. 79-5232 to 79-5234.

622 F.2d 207 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Richard SEELIG, Terry Hawkins, and Donald Primmer, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided May 8, 1980.

Attorney(s) appearing for the Case

Eugene L. Matan, Columbus, Ohio, for defendants-appellants.

James C. Cissell, U. S. Atty., Columbus, Ohio, William E. Hunt, Asst. U. S. Atty., Columbus, Ohio, for plaintiff-appellee.

Before KENNEDY and JONES, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

CORNELIA G. KENNEDY, Circuit Judge.

Appellants are three pharmacists who appeal their misdemeanor convictions for distributing codeine-based cough medicines and felony convictions for distributing Dextropropoxyphene (brand name Darvon) and Diazepam (brand name Valium) in violation of the Controlled Substances Act, 21 U.S.C. § 841(a)(1). Appellants claim the indictments fail to state a crime with respect to the misdemeanor counts and fail to allege facts which...

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