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STERLING DRUG INC. v. WEINBERGER

Nos. 623, 624, Dockets 73-1628, 73-2481.

503 F.2d 675 (1974)

STERLING DRUG INC. et al., Petitioners, v. Caspar W. WEINBERGER, Secretary of Health, Education and Welfare, and Alexander M. Schmidt, Commissioner of Food and Drugs, Respondents.

United States Court of Appeals, Second Circuit.

Decided May 2, 1974.

Memorandum October 9, 1974.

Attorney(s) appearing for the Case

William F. Weigel, New York City (James B. Swire, E. Carrington Boggan, Rogers, Hoge and Hills, New York City; James H. Luther, Jr., Roger M. Rodwin, of counsel), for Sterling Drug Inc.

Robert V. Allen, Dept. of Justice, Washington, D. C. (Howard S. Epstein, Asst. Chief, Consumer Affairs Section, Dept. of Justice, on the brief), for respondents.

Before MULLIGAN and WATERMAN, Circuit Judges, and BRYAN, District Judge.

FREDERICK van PELT BRYAN, District Judge:

In these consolidated appeals, Sterling Drug Inc. and its subsidiaries Winthrop Products, Inc. and Breon Laboratories, Inc. petition to set aside two orders of the Commissioner of Food and Drugs, dated March 2, 1973 and August 7, 1973.1 The orders, issued under the 1962 amendments to the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., denied petitioners' requests for a hearing...

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