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AMERICAN HOME PRODUCTS CORPORATION v. RICHARDSON

Civ. A. No. 3744.

328 F.Supp. 612 (1971)

AMERICAN HOME PRODUCTS CORPORATION, Plaintiff, v. Elliott L. RICHARDSON, Secretary of Health, Education and Welfare, and Charles C. Edwards, Commissioner of Food and Drugs, Defendants.

United States District Court, D. Delaware.

June 28, 1971.

Attorney(s) appearing for the Case

William E. Wiggin, of Richards, Layton & Finger, Wilmington, Del., Andrew J. Kilcarr, and Joseph E. Fortenberry, of Donovan, Leisure, Newton & Irvine, Washington, D. C., and John R. Stafford, New York City, of counsel, for plaintiff.

F. L. Peter Stone, U. S. Atty., and Norman Levine, Asst. U. S. Atty., Wilmington, Del., John L. Murphy and Howard Epstein, Attys. U. S. Dept. of Justice, Washington, D. C., and William W. Goodrich, Asst. Gen. Counsel, United States Dept. of Health, Education and Welfare, Washington, D. C., of counsel, for defendants.

OPINION

LATCHUM, District Judge.

In this proceeding American Home Products Corporation, on behalf of its Wyeth Laboratories' division ("Wyeth"), moved for leave to file an amended complaint requesting declaratory and injunctive relief prohibiting the Commissioner of Food and Drugs ("the Commissioner") from withdrawing certification of Wycillin SM-600,1 one of Wyeth's fixed combination...

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