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CIBA-GEIGY CORPORATION v. RICHARDSON

No. 934, Docket 35614.

446 F.2d 466 (1971)

CIBA-GEIGY CORPORATION, a corporation of the State of New York, Petitioner, v. Elliott L. RICHARDSON, Secretary of Health, Education & Welfare and Dr. Charles C. Edwards, Commissioner of Food and Drugs, Respondents.

United States Court of Appeals, Second Circuit.

Decided July 16, 1971.

Attorney(s) appearing for the Case

Clyde A. Szuch, Newark, N. J. (Pitney, Hardin & Kipp and Michael E. Rodgers, Newark, N. J., on the brief), for petitioner.

Howard S. Epstein, Atty., Dept. of Justice, Washington, D. C. (Will Wilson, Asst. Atty. Gen., John L. Murphy, Chief, Administrative Regulations Section, Charles R. McConachie, Atty., Dept. of Justice, Washington, D. C., William W. Goodrich, Asst. Gen. Counsel, Food, Drugs and Environmental Health Division, Robert N. Anderson, Atty., U. S. Dept. of Health, Education and Welfare, Rockville, Md., on the brief), for respondents.

Before MOORE, FEINBERG and MANSFIELD, Circuit Judges.

PER CURIAM:

Petitioner ("CIBA") seeks review of a final order of the Commissioner of Food and Drugs, Department of Health, Education and Welfare, dated September 21, 1970, 35 Fed.Reg. 15233, which withdrew approval of CIBA's drug product, Ritonic Capsules, on the ground that there was lack of "substantial evidence"1 to support claims of effectiveness made for the drug in CIBA's promotional labeling. See Commissioner's Regulations, 21 C...

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