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BRADLEY v. WEINBERGER

No. 73-1014.

483 F.2d 410 (1973)

Robert F. BRADLEY et al., Plaintiffs-Appellees, v. Caspar W. WEINBERGER, Secretary of Health, Education and Welfare, et al., Defendants-Appellants.

United States Court of Appeals, First Circuit.

Decided July 31, 1973.

Attorney(s) appearing for the Case

William A. Brown, Asst. U.S. Atty., with whom James N. Gabriel, U.S. Atty., Boston, Mass., Thomas E. Kauper, Asst. Atty. Gen., Anti-Trust Div., George Edelstein, Atty., Dept. of Justice, Peter Barton Hunt, Asst. Gen. Counsel, Joanne S. Sisik, Chief, App. and Sp. Proceedings Branch, and Arthur N. Levine, Atty., Food, Drugs, and Produce Safety Div., U.S. Dept. of Health, Ed. and Welfare, Washington, D.C., were on brief, for defendants-appellants.

Neil L. Chayet, Boston, Mass., with whom Harvey W. Freishtat, and Chayet & Sonnenreich, Boston, Mass., were on brief, for Robert F. Bradley and others, plaintiffs-appellees.

Before COFFIN, Chief Judge, and ALDRICH and McENTEE, Circuit Judges.

COFFIN, Chief Judge.

Plaintiffs, 178 physicians who treat diabetes and one diabetes patient who use oral hypoglycemic agents to control the disease by lowering the blood sugar level, brought suit to enjoin the defendants Secretary of Health, Education and Welfare and the Commissioner of the Food and Drug Administration (FDA) from enforcing and the defendant drug companies from complying with the FDA's proposal for altering the labeling of those drugs. The district...

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