Legal Opinion
Dr. Samuel J. De Freese and Marsha Jean Simmons Defreese v. United States
Court of Appeals for the Fifth Circuit
Decided November 4, 1959No. 17361PublishedCited by 18 opinions
1Opinion of the Court
WISDOM, Circuit Judge.
This appeal raises a serious question as to whether the Federal Food, Drug, and Cosmetic Act, 1 prohibiting dispensing of certain potentially dangerous drugs without a prescription, applies only to sales at the retail or pharmacist’s level. We hold that it applies to bulk sales for resale by a physician, in the circumstances of this case. The appellants raise other points, all of which we consider without merit. We affirm, therefore, the judgment of the district court.
I
The appellants are husband and wife, not long married. Samuel J. DeFreese practiced medicine for twelve…
2Cases cited15 opinions
- Marshall v. United StatesSupreme Court of the United States · 1959
- United States v. SullivanSupreme Court of the United States · 1947
- Ernest Eugene Taylor v. United StatesCourt of Appeals for the Eighth Circuit · 1956
- Nigro v. United StatesSupreme Court of the United States · 1928
- Webb v. United StatesSupreme Court of the United States · 1919
10 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Russell W. White v. United StatesCourt of Appeals for the Eighth Circuit · 1968
- Larry Leon Chaney v. Margaret M. Heckler, as Secretary of Health and Human ServicesCourt of Appeals for the D.C. Circuit · 1984
- United States v. H. Ray Evers, M. D., an Individual, Doing Business as Ra-Mar Clinic, Ann H. Garrett, Defendants-IntervenorsCourt of Appeals for the Fifth Circuit · 1981
- United States v. Francisco MunozCourt of Appeals for the Eleventh Circuit · 2005
- Dugan Drug Stores, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1964
13 more not listed; retrieve them via the Exa API.