U.S. v. COLAHAN

No. 85-3608.

811 F.2d 287 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Jerry J. COLAHAN, d/b/a IBA of Ohio; Norman F. Bauer; John D. Burrows; Russell C. Humphrey, Jr.; Simon E. Miller; Iba, Inc.; Daniel Belsito, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided February 5, 1987.


Attorney(s) appearing for the Case

Stanley M. Fisher (argued), Irene Keyse-Walker, Lynn Toler, Arter & Hadden, Cleveland, Ohio, for defendants-appellants.

Randolph Baxter, Asst. U.S. Atty., Cleveland, Ohio, Donald Eliot Segal, Food & Drug Admin., Richard Eugene Geyer, Rockville, Md., David P. Grise, U.S. Dept. of Justice, Jacqueline H. Eagle (argued), Washington, D.C., for plaintiff-appellee.

Before JONES and WELLFORD, Circuit Judges, and GILMORE, District Judge.


WELLFORD, Circuit Judge.

The government obtained an injunction which prohibited defendants-appellants from distributing certain animal drugs on the ground that the drugs were misbranded and not being sold in compliance with 21 C.F.R. § 201.105 (1985). We affirm the holding of the district court with respect to the applicability of section 201.105 to the drug sales in controversy.

Defendants-Appellants in this case are distributors of drugs for use by...

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