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UNITED STATES v. ABBOTT LABORATORIES

Crim. No. 3897.

369 F.Supp. 1396 (1973)

UNITED STATES of America, Plaintiff, v. ABBOTT LABORATORIES, a corporation, et al., Defendants.

United States District Court, E. D. North Carolina, Wilson Division.

December 13, 1973.

Attorney(s) appearing for the Case

Thomas P. McNamara, U. S. Atty., Eastern District of North Carolina, Raleigh, N. C., Charles R. McConachie, Howard S. Epstein, Sp. Attys., Consumer Affairs Section, Antitrust Div., U. S. Dept. of Justice, Washington, D. C., Arthur N. Levine, Atty., Food and Drug Div., U. S. Dept. of Health, Education and Welfare, Washington, D. C., Peter Barton Hutt, Asst. Gen. Counsel, Food, Drugs and Product Safety Div., U. S. Dept. of Health, Education and Welfare, Washington, D. C., for plaintiff.

George M. Burditt, James R. Phelps, Burditt & Calkins, Chicago, Ill., James C. Little, Hatch, Little, Bunn, Jones & Few, Thomas F. Ellis, Maupin, Taylor & Ellis, Raleigh, N. C., Louis B. Meyer, Lucas, Rand, Rose, Meyer, Jones & Orcutt, Wilson, N. C., Lindsay C. Warren, Jr., Taylor, Allen, Warren & Kerr, Goldsboro, N. C., C. Kitchin Josey, Josey & Vaughan, Scotland Neck, N. C., John R. Jolly, Jr., Spruill, Trotter & Lane, Rocky Mount, N. C., for defendants.

MEMORANDUM OPINION and ORDER

LARKINS, District Judge:

This cause is now before this Court on defendants' separate motions to dismiss the indictment on two grounds:

(1) That they cannot receive a fair trial because of prosecution inspired, false, and inflammatory publicity which imputed either nine deaths or 50 deaths to the defendants, which the prosecutors knew were not a factor in the trial of the case.

(2) That they are entitled to have...

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