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E. R. SQUIBB & SONS, INC. v. WEINBERGER

No. 71-2138.

483 F.2d 1382 (1973)

E. R. SQUIBB & SONS, INC., Petitioner, v. Casper W. WEINBERGER, Secretary of Health, Education and Welfare, and Charles C. Edwards, Commissioner of Food and Drugs, Respondents.

United States Court of Appeals, Third Circuit.

Decided August 24, 1973.

Attorney(s) appearing for the Case

Robert H. Becker, Kleenfeld, Kaplan & Becker, Washington, D. C., Richard M. Rosenbleeth, Blank, Rome, Klaus & Comisky, Philadelphia, Pa., for petitioner; Vincent A. Kleinfeld, Alan H. Kaplan, Robert H. Becker, Thomas O. Henteleff, Kleinfeld & Kaplan, Washington, D. C., of counsel.

Walker B. Comegys, Acting Asst. Atty. Gen., Anti-Trust Div., Gregory B. Hovendon, Dept. of Justice, Washington, D. C., for respondents; Peter Barton Hutt, Asst. Gen. Counsel, Food, Drugs, and Product Safety Div., Joanne S. Sisk, Eugene M. Pfeifer, Charles J. Raubicheck, Attys., U. S. Dept. of Health, Education and Welfare, Rockville, Md., of counsel.

Before VAN DUSEN and ADAMS, Circuit Judges, and BARLOW, District Judge.

OPINION OF THE COURT

ADAMS, Circuit Judge:

This is an appeal from an order of the Food and Drug Administration (FDA) revoking the marketing approval previously granted for several drugs produced by E. R. Squibb & Sons, Inc. (Squibb), a major manufacturer of pharmaceuticals. The order also denied Squibb an evidentiary hearing before the FDA at which Squibb alleges it would produce substantial evidence of the safety and effectiveness of those drugs.

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