UNITED STATES v. JOHN J. FULTON CO.

No. 5709.

33 F.2d 506 (1929)

UNITED STATES v. JOHN J. FULTON CO.

Circuit Court of Appeals, Ninth Circuit.

July 1, 1929.


Attorney(s) appearing for the Case

Anthony Savage, U. S. Atty., and Hamlet P. Dodd, Asst. U. S. Atty., both of Seattle, Wash., and John F. Moore, Atty. U. S. Dept. of Agriculture, Washington, D. C.

A. P. Black, of San Francisco, Cal. (Howe & Graham, of Seattle, Wash., of counsel), for appellee.

Before RUDKIN, DIETRICH, and WILBUR, Circuit Judges.


DIETRICH, Circuit Judge.

Appellant filed a libel of information against 48 bottles of an article of drugs labeled in part "Fulton's Compound RX 1," and 24 bottles of another article of drugs labeled in part "Fulton's Compound RX 2," which it alleges were shipped in interstate commerce from San Francisco to Seattle, and which it charges were misbranded, in violation of paragraph 3 of section 8 of the Food and Drugs Act, as amended (21 USCA § 10). By that provision...

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