v2456-1067

Appendix

In the United States Circuit Court of Appeals

for the Fifth Circuit

No. li;774

JORDAN JAMES SULLIVAN, TRADING AS

SULLIVAN'S PHARMACY,

Appellant,

versus

UNITED STATES OF AMERICA,

Appellee.

Appeal from the District Court of the United States

for Middle District of Georgia.

(May 12, 1947.)

Before SIBLEY, McCORD, and LEE,

Circuit Judges.

SIBLEY, Circuit Judge: Sullivan, a local retail

merchant in Colmnbus, Georgia, was convicted under

the Federal Food, Drug and Cosmetics Act, 52 Stats.

1040, Sect. 301, (c) and (k), 21 U.S.C.A. 331 (c)

and (k), for selling to two federal inspectors two lots

of twelve tablets each of sulfathiazole taken from a

bottle on the shelves of his drug store which had con-

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