NATIONAL ETHICAL PHARMACEUTICAL ASS'N v. WEINBERGER

No. 73-2449.

503 F.2d 1051 (1974)

The NATIONAL ETHICAL PHARMACEUTICAL ASSOCIATION and Pharmaceutical Associates, Inc., Appellants, v. Caspar W. WEINBERGER, as Secretary of Health, Education, and Welfare of the United States of America, and Alexander M. Schmidt, M.D., as Acting Commissioner of the Food and Drug Administration, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided October 1, 1974.


Attorney(s) appearing for the Case

Richard N. Tapp, Greenville, S. C. (Sol E. Abrams and George F. Townes, Greenville, S. C., on brief), for appellants.

John S. Eldred, Atty., Office of the General Counsel, Food and Drug Division, U. S. Dept. of Health, Education and Welfare (Peter Barton Hutt, Asst. Gen. Counsel, Joanne S. Sisk, Chief, Appellate and Special Proceedings Branch, Thomas E. Kauper, Asst. Atty. Gen., Antitrust Div., Gregory B. Hovendon, Chief, Consumer Affairs Section, U. S. Dept. of Justice and Dept. of Health, Education and Welfare, on brief), for appellees.

Before BOREMAN and BRYAN, Senior Circuit Judges, and FIELD, Circuit Judge.


PER CURIAM:

This is an action by National Ethical Pharmaceutical Association, a trade association, and Pharmaceutical Associates, Inc., one of its member companies, seeking judicial review pursuant to the Administrative Procedure Act (5 U.S.C. §§ 701-704), of the regulation by the Food and Drug Administration of certain drugs which were treated as "new drugs," and for a declaratory judgment pursuant to the Declaratory Judgment Act (28 U.S.C. § 2201...

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