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UNITED STATES v. GILBAR PHARMACY, INC.

221 F.Supp. 160 (1963)

UNITED STATES of America v. GILBAR PHARMACY, INC., Alexander Giller, Leonard Barnett and Nicholas DeJoria, Defendants.

United States District Court S. D. New York.

September 16, 1963.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty. for Southern Dist. of New York, for the United States; John W. Mills, Asst. U. S. Atty., of counsel.

McMahon & Condon, White Plains, N. Y., for defendants; Daniel F. McMahon, White Plains, N. Y., of counsel.

FEINBERG, District Judge.

Defendants are a corporation operating a pharmacy, two of its principals, and an employee. They are charged in a fourteen count information filed against them on July 3, 1963, both with making sales of drugs without a prescription and refilling prescriptions without authorizations from the prescribers in violation of the Federal Food, Drug, and Cosmetic Act ("the Act"). Two motions are before the Court: a motion to dismiss brought on behalf...

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