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ARNER CO. v. UNITED STATES

No. 3928.

142 F.2d 730 (1944)

ARNER CO., Inc., et al. v. UNITED STATES.

Circuit Court of Appeals, First Circuit.

May 4, 1944.

Attorney(s) appearing for the Case

Herbert S. Avery and Hugh D. McLellan, both of Boston, Mass. (Clinton Robb, Washington, D. C., of counsel), for appellants.

Alfred G. Malagodi, Asst. U. S. Atty., of Boston, Mass. (Edmund J. Brandon, U. S. Atty., of Boston, Mass., of counsel), for appellee.

Before MAHONEY and WOODBURY, Circuit Judges, and PETERS, District Judge.

MAHONEY, Circuit Judge.

This is a libel for the condemnation of certain drugs alleged to have been misbranded in violation of the Act of Congress of June, 1938, c. 675, 52 Stat. 1040, 21 U.S.C.A. §§ 301-392, known as the Federal Food, Drug, and Cosmetic Act. The drugs were manufactured in Buffalo, New York, by The Arner Co., Inc., for Paul Case of Brockton, Massachusetts, under a special formula owned by Case and...

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