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CIBA CORPORATION v. RICHARDSON

No. 71-1512.

463 F.2d 225 (1972)

CIBA CORPORATION, a corporation of the State of Delaware, Appellant, v. Elliott L. RICHARDSON, Secretary of Health, Education & Welfare, and Dr. Charles C. Edwards, Commissioner of Food and Drugs.

United States Court of Appeals, Third Circuit.

Decided June 5, 1972.

Attorney(s) appearing for the Case

Clyde A. Szuch, Pitney, Hardin & Kipp, Newark, N. J., for appellant.

Cheryl S. Karner, Consumer Affairs, Section, Dept. of Justice, Washington, D. C., for appellee.

Before HASTIE, VAN DUSEN and ALDISERT, Circuit Judges.

OPINION OF THE COURT

PER CURIAM:

Ciba Corporation has taken this appeal from an order of the District Court for the District of New Jersey dismissing a complaint in which Ciba sought a declaratory determination that its drug product, Ritonic Capsules, is exempt from the requirement of 1962 amendments of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 355, that new drugs be excluded from the market unless proven effective as claimed for them. The...

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