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WEINBERGER v. HYNSON, WESTCOTT & DUNNING, INC.

No. 72-394.

412 U.S. 609 (1973)

WEINBERGER, SECRETARY OF HEALTH, EDUCATION, AND WELFARE, ET AL. v. HYNSON, WESTCOTT & DUNNING, INC.

Supreme Court of United States.

Decided June 18, 1973.

Attorney(s) appearing for the Case

Deputy Solicitor General Friedman and Andrew L. Frey argued the cause for petitioners in No. 72-394 and respondents in No. 72-414. With Mr. Frey on the briefs were Solicitor General Griswold, Assistant Attorney General Kauper, Deputy Solicitor General Wallace, Robert B. Nicholson, Howard E. Shapiro, and Peter Barton Hutt.

Edward Brown Williams argued the cause for petitioner in No. 72-414 and respondent in No. 72-394. With him on the briefs was Jan Edward Williams.†

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

These cases, together with Weinberger v. Bentex Pharmaceuticals, Inc., post, p. 645, CIBA Corp. v. Weinberger, post, p. 640, and USV Pharmaceutical Corp. v. Weinberger, post, p. 655, all here on certiorari, raise a series of questions under the 1962 amendments1 to the Federal Food, Drug, and Cosmetic Act of 1938, 52 Stat. 1040. The 1938 Act...

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