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HESS & CLARK, DIVISION OF RHODIA, INC. v. FOOD & DRUG ADMIN.

Nos. 73-1581, 73-1589.

495 F.2d 975 (1974)

HESS & CLARK, DIVISION OF RHODIA, INC., Petitioner, v. FOOD & DRUG ADMINISTRATION et al., Respondents. VINELAND LABORATORIES, INC., Petitioner, v. Caspar W. WEINBERGER, Secretary, Department of Health, Education & Welfare, et al., Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided January 24, 1974.

Attorney(s) appearing for the Case

Eugene I. Lambert, Washington, D. C., for petitioner in No. 73-1581.

James L. Kaler, Washington, D. C., with whom Frederick S. Hird, Jr., Washington, D. C., was on the brief, for petitioner in No. 73-1589.

Robert M. Spiller, Jr., Atty., Food and Drug Administration, with whom Alvin L. Gottlieb, Deputy Asst. Gen. Counsel, Joanne S. Sisk, Chief, Appellate and Special Proceedings Branch, Food and Drug Administration, and Howard S. Epstein, Atty., Dept. of Justice, were on the brief, for respondent.

Before BAZELON, Chief Judge, and LEVENTHAL and ROBINSON, Circuit Judges.

LEVENTHAL, Circuit Judge:

Petitioners challenge an order of the Commissioner of the Food and Drug Administration (FDA), entered April 27, 1973, which withdrew approval of their New Animal Drug Applications (NADA's) for pellets of diethylstilbestrol (DES). They also challenge the Commissioner's order of May 3, 1973, issued ancillary to the withdrawal of the NADA's, and revoking certain use regulations. The Commissioner acted in the exercise of the authority conferred...

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