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BRISTOL LABORATORIES v. RICHARDSON

No. 71-1394.

456 F.2d 563 (1971)

BRISTOL LABORATORIES, etc., Petitioner, v. Elliot L. RICHARDSON, Secretary of Health, Education and Welfare, et al., Respondents.

United States Court of Appeals, First Circuit.

December 23, 1971.

Attorney(s) appearing for the Case

Gilbert H. Weil, New York City, with whom Edward B. Hanify, Boston, Mass., was on motions and memorandum in support for petitioner.

Howard S. Epstein and Ira H. Leesfield, Attys., Dept. of Justice, and Eugene M. Pfeifer, Atty., Dept. of Health, Education and Welfare, for respondents.

ON MOTIONS FOR RETRANSFER, FOR LEAVE TO ADDUCE ADDITIONAL EVIDENCE, AND FOR STAY PENDING REVIEW

COFFIN, Circuit Judge.

This is a petition by a drug manufacturer, Bristol Laboratories, Division of Bristol-Myers Co. (Bristol), for a stay pending review of an order of the Commissioner of Food and Drugs (FDA) withdrawing certification of four of its fixed-combination prescription drugs — Tetrex-APC with Bristamin...

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