CITIZENS COM'N ON HUMAN RIGHTS v. FDA

No. 93-55818.

45 F.3d 1325 (1995)

CITIZENS COMMISSION ON HUMAN RIGHTS, Plaintiff-Appellant, v. FOOD AND DRUG ADMINISTRATION, Defendant-Appellee, and Eli Lilly and Company, Defendant Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 18, 1995.


Attorney(s) appearing for the Case

Kendrick L. Moxon, Karen L. Brown, Bowles & Moxon, Los Angeles, CA, for plaintiff-appellant.

Leonard Schaitman, Peter R. Maier, U.S. Dept. of Justice, Washington, DC, for defendant-appellee, Food and Drug Admin.

Robert S. Warren, Robert H. Fairbank, Kevin S. Rosen, Timothy L. Alger, Gibson, Dunn & Crutcher, Los Angeles, CA, for defendant-intervenor-appellee, Eli Lilly and Co.

Before: GIBSON, HUG, and HAWKINS, Circuit Judges.


FLOYD R. GIBSON, Senior Circuit Judge.

Citizens Commission on Human Rights ("CCHR") appeals the district court's grant of summary judgment in favor of the Food and Drug Administration ("FDA") and Eli Lilly and Company ("Lilly"). The district court rejected CCHR's claims that the FDA did not adequately respond to its Freedom of Information Act ("FOIA") request, 5 U.S.C. § 552 (1988), and that the agency improperly withheld responsive documents.

On appeal...

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