TURKEL v. FOOD AND DRUG ADMINISTRATION, DEPT. OF H., E. & W.

No. 15740.

334 F.2d 844 (1964)

Dr. Henry TURKEL and Ubiotica Corporation, Petitioners, v. FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, Respondent.

United States Court of Appeals Sixth Circuit.

July 21, 1964.


Attorney(s) appearing for the Case

Leo E. Rattay, Cleveland, Ohio, for petitioners.

William W. Goodrich, Asst. General Counsel, Food and Drug Division, Department of Health, Education and Welfare, Washington, D. C., for respondent.

Before MILLER, PHILLIPS and EDWARDS, Circuit Judges.


EDWARDS, Circuit Judge.

Respondent, Food and Drug Administration, filed a motion to dismiss the appeal which petitioners, Dr. Henry Turkel and Ubiotica Corporation, initially filed in this court under Section 505(h) of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 355(h).

The petition sought to enjoin and vacate an order of the Commissioner of Food and Drugs terminating the investigational exemption previously allowed petitioners for investigational...

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