United States v. Lyon Drug Co.

TEHAN, District Judge.

The defendants, Lyon Drug Company,, a partnership, and Walter G. Kopling,. the manager and one of the partners, are-charged in seven counts of an Information with violation of the Federal Food,. Drug, and Cosmetic Act, 21 U.S.C.A. § 331 et seq., particularly Section 331 (k). The defendants have now moved to suppress certain evidence and have it returned to them on the ground that it was-seized in violation of their constitutional rights, and in violation of an immunity-clause in Section 373 of the statute itself..

The defendants allege in their motion that the evidence,…