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MILES LABORATORIES v. FEDERAL TRADE COMMISSION

No. 18057.

50 F.Supp. 434 (1943)

MILES LABORATORIES, Inc., v. FEDERAL TRADE COMMISSION et al.

District Court of the United States for the District of Columbia.

June 21, 1943.

Attorney(s) appearing for the Case

James F. Hoge, of New York City, Preston B. Kavanagh and P. C. King, Jr., both of Washington, D. C. (Verne G. Cawley, of Elkhart, Ind., and Edwin Borchard, of New Haven, Conn., of counsel), for plaintiff.

Edward M. Curran, U. S. Atty., W. T. Kelly, Chief Counsel, Federal Trade Commission, Richard P. Whitely, Asst. Chief Counsel, Federal Trade Commission, and Cyrus B. Austin, all of Washington, D. C., for defendant.

LUHRING, Justice.

The plaintiff, an Indiana corporation, is now, and for more than twenty-five years last past has been, engaged in the manufacture, sale and distribution in interstate commerce of certain medicinal preparations known as "Dr. Miles' Nervine," "Dr. Miles' Nervine Tablets," and "Dr. Miles' Anti-Pain Pills" with annual sales in excess of $900,000, and a good will of more than $1,000,000.

Its product is packaged and sold in bottles, tins and cartons...

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