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LEMMON PHARMACAL CO. v. RICHARDSON

Civ. A. No. 68-921.

319 F.Supp. 375 (1970)

LEMMON PHARMACAL CO., Plaintiff, v. Elliott L. RICHARDSON, Acting Secretary of Health, Education and Welfare, Roger O. Egeberg, M.D., Assistant Secretary for Health and Scientific Affairs and Charles C. Edwards, M.D., Commissioner of Food and Drugs, Defendants.

United States District Court, E. D. Pennsylvania.

October 26, 1970.

Attorney(s) appearing for the Case

Raymond D. McMurray, Condon & McMurray, New York City, William R. Pendergast, Condon, McMurray & Pendergast, Washington D. C., George V. Strong, Philadelphia, Pa., for plaintiff.

Victor Wright, Asst. U. S. Atty., Philadelphia, Pa., for defendants.

OPINION AND ORDER

FULLAM, District Judge.

In this action plaintiff seeks a declaratory judgment that Regulation 3.63 of the Federal Drug Administration, 21 C. F.R. 3.63 is illegal. The prayer for relief also asks that the F.D.A. be enjoined from enforcing Regulation 3.63, and that the plaintiff's product, Obestat, be declared safe and effective for its prescribed use. Presently before the Court is the government's motion for summary judgment pursuant to...

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