5682. (F.D.C. No. 39834.   S. Nos. 41-601 M, 41-603 M, 41-610 M.) 
INFORMATION FILED:   12-11-57, W. Dist. N.Y., against Singer's Cut Rate Drug
Store, Inc., Buffalo, N.Y., Morris Olodort (store manager and pharmacist),
and Abraham C. Taylorson (pharmacist).
2 The charge was:
"II you find that the defendant did dispense the original contents of Government Ex-
hibits 1, 2 and 3, two of them to the Government witness Spivak, and the other to the
Government witness Keeting, then in determining whether he dispensed the drugs therein
on prescription, you may properly consider whether a doctor-patient relationship existed
between the defendant and the person to whom you find he sold the bottle of drug in each
instance, whether he considered the individual needs of the person to whom he dispensed
the drug, the quantity of the drug dispensed and the manner in which he supervised' the use
of the drug. The fact that the defendant is a physician licensed under the laws of Texas
does not exempt him from responsibility for any violation of the terms of the Federal
law in question."'
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were dispensed once and capsules containing a mixture of secobarbital sodium
and amobarbital sodium (counts 2 and 3) were dispensed twice without a pre-
scription.
PLEA: Nolo contendere by the corporation; by Olodort to all counts; and by
Taylorson to counts 1 and 3.
DISPOSITION : 7-22-59. Corporation-$400 fine; Olodort and Taylorson-$50
fine each.