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UNITED STATES v. STEINSCHREIBER

218 F.Supp. 426 (1962)

UNITED STATES of America v. Sidney STEINSCHREIBER, d/b/a Sidcaps Laboratories, et al.

United States District Court S. D. New York.

May 25, 1962.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty., S.D.N.Y., for plaintiff.

E. Gayle McGuigan, New York City, for Norman Cappel.

Abraham S. Robinson, New York City, for Sidney Steinschreiber.

RYAN, Chief Judge.

Defendants SIDNEY STEINSCHREIBER, d/b/a SIDCAPS LABORATORIES and NORMAN CAPPEL have moved to dismiss the indictment for legal insufficiency in that the allegation that defendants unlawfully transported unlicensed "normal human plasma" does not charge a violation of the statute — Title 42 U.S.C. § 262(a) and (b); that if construed to charge such a violation the statute is unconstitutional...

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