Dugan Drug Stores, Inc. v. United States
Court of Appeals for the Fifth Circuit
1Opinion of the Court
BREITENSTEIN, Circuit Judge.
Appellant Dugan Drug Stores, Inc., along with its president and four employees, was charged in a 10-count information with violations of the Food, Drug and Cosmetic Act 1 by refilling prescriptions for a potentially harmful drug without authorization by the prescribing physician. 2 A jury trial resulted in the acquittal of the president and all employees except one who plead guilty, and the conviction of the company on all counts.
The first claim is that the information is defective and the proof insufficient because the prescriptions were not bona fide…
2Cases cited9 opinions
- Berger v. United StatesSupreme Court of the United States · 1935
- Dunn v. United StatesSupreme Court of the United States · 1932
- United States v. DotterweichSupreme Court of the United States · 1943
- J. Monroe Dunn v. United StatesCourt of Appeals for the Fifth Circuit · 1962
- Webb v. United StatesSupreme Court of the United States · 1919
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3Cited by22 opinions
- Eddie Odom v. United StatesCourt of Appeals for the Fifth Circuit · 1967
- United States v. Laurel Joan MorrisCourt of Appeals for the Fifth Circuit · 1978
- United States v. Kenneth Wayne Goodwin, Charles William Bullard and Grover Eugene BeaverCourt of Appeals for the Fifth Circuit · 1980
- United States v. Young Brothers, Inc., ContractorsCourt of Appeals for the Fifth Circuit · 1984
- United States v. William Junior RhodenCourt of Appeals for the Fifth Circuit · 1972
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