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STERLING DRUG, INC. v. WEINBERGER

No. 74 Civ. 4282.

384 F.Supp. 557 (1974)

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

United States District Court, S. D. New York.

October 31, 1974.

Attorney(s) appearing for the Case

Rogers, Hoge & Hills, by William F. Weigel, James B. Swire, E. Carrington Boggan, Roger M. Rodwin, New York City, for plaintiffs.

Paul J. Curran, U. S. Atty., S. D. New York by Jerry Siegel, Asst. U. S. Atty., Gen. Counsel, Dept. of Health, Education and Welfare, by Jeffrey B. Springer, Sp. Asst. to the Gen. Counsel, Rockville, Md., for defendants.

MEMORANDUM OPINION

PIERCE, District Judge.

The plaintiffs herein, manufacturers and distributors of the prescription drug Alevaire, seek to enjoin the defendants from proceeding to withdraw approval of the New Drug Applications (NDA's) now in effect for Alevaire. Oral argument was heard on this matter on October 10, 1974 at which time the application was consolidated with trial on the merits pursuant to Rule 65 of the Fed. R.Civ.P.

Plaintiffs Sterling...

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