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UBIOTICA CORPORATION v. FOOD AND DRUG ADMINISTRATION

No. 19876.

427 F.2d 376 (1970)

UBIOTICA CORPORATION, Petitioner, v. FOOD AND DRUG ADMINISTRATION, Department of Health, Education and Welfare, and Robert W. Finch, Secretary, Department of Health, Education and Welfare, Respondents.

United States Court of Appeals, Sixth Circuit.

June 5, 1970.

Attorney(s) appearing for the Case

Leo E. Rattay, Cleveland, Ohio, on brief for petitioner.

Howard S. Epstein, Atty., Dept. of Justice, Washington, D. C., for respondents; Will Wilson, Asst. Atty. Gen., Criminal Division, John L. Murphy, Chief, Administrative Regulations Section, U. S. Dept. of Justice, Washington, D. C., on the brief; William W. Goodrich, Asst. Gen. Counsel, Food, Drugs and Environmental Health Division, Eugene M. Ffeifer, Atty., U. S. Dept. of Health, Education and Welfare, Washington, D. C., of counsel.

Before EDWARDS, McCREE and COMBS, Circuit Judges.

COMBS, Circuit Judge.

This case is here on petition to review an order of the Commissioner of Food and Drugs refusing to approve a new drug application submitted by petitioner Ubiotica Corporation. The application was filed with the Commissioner pursuant to 21 U.S.C. § 355 which prohibits the introduction into interstate commerce of any new drug unless an application therefor has been submitted to and approved by the Commissioner. Petitioner had also filed with...

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