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PFIZER, INC. v. RICHARDSON

No. 217, Docket 35177.

434 F.2d 536 (1970)

PFIZER, INC., Petitioner, v. Elliot L. RICHARDSON, Secretary of Health, Education and Welfare, and Charles C. Edwards, Commissioner of the Food and Drug Administration, Respondents.

United States Court of Appeals, Second Circuit.

Decided November 2, 1970.

Attorney(s) appearing for the Case

William W. Goodrich, Asst. Gen. Counsel, Food, Drugs and Environmental Health Division (Will Wilson, Asst. Atty. Gen., Criminal Division, John L. Murphy, Chief, Administrative Regulations Section, Howard S. Epstein, Atty., U. S. Dept. of Justice, Washington, D. C., Joanne S. Sisk and Eugene M. Pfeifer, Attys., U. S. Dept. of Health, Education and Welfare, Rockville, Md., of counsel), for respondents.

William J. Manning, New York City (Simpson, Thacher & Bartlett, Albert X. Bader, Jr., Melvyn L. Cantor, Edward C. Mendrzycki, and Robert B. McKay, New York City, of counsel), for petitioner.

Before DANAHER, FRIENDLY and HAYS, Circuit Judges.

FRIENDLY, Circuit Judge:

This is a petition by Pfizer, Inc., a prominent pharmaceutical manufacturer, pursuant to § 701(f) of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 371(f), here applicable by virtue of the last sentence of § 507(f), to review a final order of the Food and Drug Administration (FDA) issued July 14, 1970.1 The order, made pursuant to § 507(f) of the Act, see fn. 3 infra, repealed regulations...

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