United Pharmacal Corp. v. United States

306 F.2d 515 (1st Cir. 1962)

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Nature of the Case

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Facts

The U.S. (P) filed a complaint against Metabolic Products to restrain them from selling a certain drug in interstate commerce. An injunction was issued against Metabolic. Certified copies of that decree were served on United Pharmacal (D) which has a contractual relationship with Metabolic to sell the drug. D sued to determine if the ban on Metabolic applied to them. While that suit was pending, D acquired the drug from another source and then sent it in interstate commerce to a customer who was an agent of the FDA. P moved for an order to show cause why D should not be held in contempt. D was found in contempt and appealed.