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UPJOHN COMPANY v. FINCH

No. 19926.

422 F.2d 944 (1970)

The UPJOHN COMPANY, Petitioner, v. Robert H. FINCH, Secretary of Health, Education & Welfare, and Herbert L. Ley, Jr., Commissioner of Food and Drugs, Respondents.

United States Court of Appeals, Sixth Circuit.

Order March 3, 1970.

Attorney(s) appearing for the Case

Stanley L. Temko, Washington, D. C., Henry Ford, Jr., Kalamazoo, Mich., Herbert Dym, Washington, D. C., on brief; Ford, Kriekard, Brown & Staton, Kalamazoo, Mich., Covington & Burling, Washington, D. C., of counsel, for petitioner.

William W. Goodrich, Asst. Gen. Counsel, Food and Drug Administration, Washington, D. C., Eugene M. Pfeifer, Attorney, U. S. Department of Health, Education and Welfare, Washington, D. C., of counsel, for respondents.

Daniel Marcus, Wilmer, Cutler & Pickering, Washington, D. C., Bruce J. Brennan, Vice President & General Counsel, Pharmaceutical Manufacturers Assn., Washington, D. C., amici curiae.

Before PHILLIPS, Chief Judge, and EDWARDS and PECK, Circuit Judges.

PHILLIPS, Chief Judge.

This case is before the Court on the petition of the Upjohn Company (Upjohn) to review an order of the Commissioner of Food and Drugs (the Commissioner) under the 1962 Amendments to the Federal Food, Drug, and Cosmetic Act, 21 U.S.C.A. § 301 et seq. The Commissioner and the Secretary of Health, Education and Welfare (the Secretary) are respondents. The order of the Commissioner was issued September 10, 1969, and was published in the Federal...

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