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UNITED STATES v. JAMIESON-McKAMES PHARMACEUTICALS, INC.

Nos. 79-1367, 79-1708.

651 F.2d 532 (1981)

UNITED STATES of America, Appellee, v. JAMIESON-McKAMES PHARMACEUTICALS, INC., Pharmacare Generic Drugs, Inc., Pharmacare, Inc., Payless Pharmacy, Inc., James C. Jamieson, Sr., and James C. Jamieson, Jr., Appellants. UNITED STATES of America, Appellee, v. ALL EQUIPMENT INCLUDING, BUT NOT LIMITED TO, AN ENCAPSULATING MACHINE NOT IDENTIFIED AS TO MANUFACTURER, STAINLESS STEEL COATING PANS, A COLTON SINGLE STAGE ROTARY TABLET PRESS, A FRATELLI ZANASI ENCAPSULATING MACHINE, TABLET PUNCHES AND DIES, WHICH EQUIPMENT IS IN THE POSSESSION OF JAMIESON-McKAMES PHARMACEUTICALS, INC., 3227 MORGANFORD ROAD, ST. LOUIS, MISSOURI, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided May 21, 1981.

As Amended on Denial of Rehearings and Rehearing August 7, 1981.

Attorney(s) appearing for the Case

Robert W. Saitz, St. Louis, Mo., Marc L. Sandberg, St. Louis, Mo., Irl B. Baris, St. Louis, Mo., for appellants.

Sanford M. Litvack, Asst. Atty. Gen., Washington, D. C., Barry Grossman, Susan J. Atkinson, Attys., Dept. of Justice, Washington, D. C., for appellee; J. Patrick Glynn, Atty., Dept. of Justice, Washington, D. C., of counsel.

Before LAY, Chief Judge, and STEPHENSON and ARNOLD, Circuit Judges.

As Amended on Denial of Rehearings and Rehearing En Banc August 7, 1981.

ARNOLD, Circuit Judge.

James C. Jamieson, Sr., and James C. Jamieson, Jr., individuals, and Jamieson-McKames Pharmaceuticals, Inc., Pharmacare Generic Drugs, Inc., Pharmacare, Inc., and Payless Pharmacy, Inc., corporations, appeal a judgment finding them guilty of criminal violations of the Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq. They also appeal a civil order of condemnation...

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