DIAMOND LABORATORIES, INC., an Iowa Corporation, Petitioner,
v.
Elliott L. RICHARDSON, Secretary of Health, Education and Welfare, and Dr. Charles C. Edwards, Commissioner of Food and Drugs, Respondents.
United States Court of Appeals, Eighth Circuit.https://leagle.com/images/logo.png
January 3, 1972.
January 3, 1972.
Attorney(s) appearing for the Case
Addison M. Parker, L. Warren Shank, Des Moines, Iowa, for Diamond Laboratories, Inc.; Dickinson, Throckmorton, Parker, Mannheimer & Raife, Des Moines, Iowa, of counsel.
C. Coleman Bird, Atty., Antitrust Div., Dept. of Justice, Washington, D. C., Richard W. McLaren, Asst. Atty. Gen., Bruce B. Wilson, Chief Consumer Affairs Section, Howard S. Epstein Atty., Antitrust Div., Dept. of Justice, Washington, D. C., for respondents; Alvin L. Gottlieb, Deputy Asst. Gen. Counsel, Joanne S. Sisk, Atty., Dept. of H. E. W., Rockville, Md., of counsel.
Before MATTHES, Chief Judge, LAY, Circuit Judge, and HUNTER, District Judge.
United States Court of Appeals, Eighth Circuit.
MATTHES, Chief Judge.
This case is here on petition for review of the Order of the Secretary of Health, Education and Welfare, entered pursuant to 21 U.S.C. § 360b(e),1 entered on February 4, 1971, withdrawing approval of New Animal Drug Application 35-129V. The petition for review was filed pursuant to 21 U.S.C. §§ 360b(h) and 355(h). The Order under attack is published, sub nom. Diamond Laboratories, 36 F.Reg. 3211 (1971...
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