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UNITED STATES v. EVERS

No. 78-2882.

643 F.2d 1043 (1981)

UNITED STATES of America, Plaintiff-Appellant, v. H. Ray EVERS, M. D., an individual, doing business as Ra-Mar Clinic, Defendant-Appellee, Ann H. Garrett et al., Defendants-Intervenors.

United States Court of Appeals, Fifth Circuit.

April 27, 1981.

Attorney(s) appearing for the Case

Barry E. Teague, U. S. Atty., Montgomery, Ala., Frederic Freilicher, Robert B. Nicholson, Appellate Sec., Antitrust Div., Dept. of Justice, Washington, D. C., for plaintiff-appellant.

Kirkpatrick W. Dilling, Chicago, Ill., Albert W. Copeland, John A. Henig, Jr., Montgomery, Ala., for defendant-appellee.

Clifford W. Cleveland, Prattville, Ala., for defendants-intervenors.

Before GEE and RANDALL, Circuit Judges, and LYNNE, District Judge.

RANDALL, Circuit Judge:

In this action the government charges a licensed Alabama physician with a violation of section 301(k) of the Federal Food, Drug, and Cosmetic Act (the Act), 21 U.S.C. § 331(k) (1976). That section prohibits, inter alia, the misbranding of a drug which is held for sale after shipment in interstate commerce. The government charges that the drug at issue, which is a prescription drug, was misbranded under section 502(f)(1) of the Act...

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