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UNITED STATES v. GEL SPICE CO., INC.

No. 1455, Docket 85-1037.

773 F.2d 427 (1985)

UNITED STATES of America, Appellee, v. GEL SPICE COMPANY, INC. and Barry Engel, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 13, 1985.

Attorney(s) appearing for the Case

Raymond W. Phillips, Office of Consumer Litigation, Civ. Div., Dept. of Justice, Washington, D.C. (Richard K. Willard, Acting Asst. Atty. Gen., Washington, D.C., Raymond J. Dearie, U.S. Atty., Thomas Roche, Asst. U.S. Atty., E.D.N.Y., Brooklyn, N.Y., J. Patrick Glynn, Beverly Sherman Nash, Office of Consumer Litigation, Civ. Div., Dept. of Justice, Washington, D.C., David G. Adams, Jeffrey Freedman, Associate Chief Counsel, Food and Drug Admin., Washington, D.C., of counsel), for appellee.

J. Daniel Mahoney, New York City (Craig P. Murphy, Clifford G. Skibinsky, Windels, Marx, Davies & Ives, New York City, of counsel), for defendants-appellants.

Before PIERCE and PRATT, Circuit Judges, and STEWART, District Judge.

PIERCE, Circuit Judge:

Gel Spice Company, Inc. (Gel Spice) and Barry Engel, President of Gel Spice, appeal from a judgment of the United States District Court for the Eastern District of New York (McLaughlin, Judge), dated December 21, 1984, which found appellants guilty, after a bench trial, on all ten counts of an information charging them with violating the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 342(a)(4).

The district court found...

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