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BELL v. GODDARD

No. 15124.

366 F.2d 177 (1966)

George N. BELL, doing business as George N. Bell Manufacturing Chemists, Petitioner, v. James L. GODDARD, Commissioner, Food and Drug Administration, Respondent.

United States Court of Appeals Seventh Circuit.

August 11, 1966.

Attorney(s) appearing for the Case

Donald C. Beelar, Washington, D.C., Lawrence Gunnels, Chicago, Ill., William M. Osborn, Indianapolis, Ind., for petitioner.

William W. Goodrich, Asst. Gen. Counsel, Alvin L. Gottlieb, Attorney, U. S. Department of Health, Education & Welfare, Washington, D.C., Fred M. Vinson, Asst. Atty. Gen., Criminal Division, Harold S. Shapiro, Chief, Administrative Regulations Section, Department of Justice, Joanne S. Sisk, Attorney, United States Department of Health, Education & Welfare, Washington, D. C., of counsel, for respondent.

Before SCHNACKENBERG, CASTLE, and SWYGERT, Circuit Judges.

SWYGERT, Circuit Judge.

This is an appeal under 21 U.S.C. § 355(h) from an order of the Deputy Commissioner of the Food and Drug Administration withdrawing approval of a new drug application held by the petitioner George N. Bell, doing business as George N. Bell Manufacturing Chemists, Indianapolis, Indiana.

In July 1957 the petitioner filed a new drug application for "Stilboserts" covering the manufacture and sale of a pellet of his own formula containing...

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