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UNITED STATES v. 50¾ DOZEN BOTTLES, ETC.

No. 1648.

54 F.Supp. 759 (1944)

UNITED STATES v. 50¾ DOZEN BOTTLES, MORE OR LESS, OF SULFA-SEB et al.

District Court, W. D. Missouri, W. D.

April 3, 1944.

Attorney(s) appearing for the Case

Maurice M. Milligan, U. S. Atty., and David A. Thompson and Otto Schmid, Asst. U. S. Attys., all of Kansas City, Mo., and J. L. Maguire, of Washington, D. C., for plaintiff.

I. Frank Rope, Bowersock, Fizzell & Rhodes, and Charles F. Lamkin, Jr., all of Kansas City, Mo., for defendant.

OTIS, District Judge.

The amended information in libel in this proceeding was filed February 14, 1944. It makes reference to two preparations, one known as "Sulfa-Seb," the other as "Sulfa-Ped." The charge is that these preparations are misbranded within the meaning of 21 U.S.C.A. § 352. That section provides inter alia that a drug "shall be deemed to be misbranded—(a) If its labeling is false or misleading in any particular" and that it "shall be deemed...

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