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AMERICAN HOME PRODUCTS CORPORATION v. FINCH

Civ. A. No. 3744.

303 F.Supp. 448 (1969)

AMERICAN HOME PRODUCTS CORPORATION, Plaintiff, v. Robert H. FINCH, Secretary of Health, Education and Welfare, and Herbert L. Ley, Jr., Commissioner of Food and Drugs, Defendants.

United States District Court D. Delaware.

August 18, 1969.

Attorney(s) appearing for the Case

William E. Wiggin, Richards, Layton & Finger, Wilmington, Del., Samuel W. Murphy, Jr., Andrew J. Kilcarr, Donovan, Leisure, Newton & Irvine, New York City, of counsel, for plaintiff.

F. L. Peter Stone, U. S. Atty., Wilmington, Del., William W. Goodrich, Asst. Gen. Counsel, U. S. Dept. of Health, Education and Welfare, Washington, D. C., of counsel, for defendants.

FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER

LATCHUM, District Judge.

This action arises under the Federal Food, Drug and Cosmetic Act. Plaintiff, a manufacturer of certain antibiotic drugs, on July 9, 1969, filed a complaint and motion seeking a preliminary injunction and other relief to stay the defendants' implementation, pending a hearing, of certain orders, the effect of which was to require the plaintiff to recall its drugs from the market by July...

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