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DALEY v. MATHEWS

No. 878, Docket 75-6109.

536 F.2d 519 (1976)

Elizabeth DALEY, M. D., Plaintiff-Appellant, v. F. David MATHEWS, Secretary of Health, Education and Welfare, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 27, 1976.

Attorney(s) appearing for the Case

Henry B. Rothblatt, New York City (Jon G. Rothblatt and Rothblatt, Rothblatt, Seijas & Peskin, New York City, on the brief), for plaintiff-appellant.

Cyril Hyman, Asst. U.S. Atty., Brooklyn, N.Y. (David G. Trager, U.S. Atty., E. D. N.Y., Paul B. Bergman, Asst. U.S. Atty., Brooklyn, N.Y., Richard A. Merrill, Chief Counsel, and Forrest T. Patterson, Associate Chief Counsel, for Enforcement, United States Food and Drug Administration, Rockville, Md., on the brief), for defendants-appellees.

Before MEDINA, FEINBERG and GURFEIN, Circuit Judges.

MEDINA, Circuit Judge:

Following two attempts by inspectors of the Food and Drug Administration ("FDA") to enter and inspect her medical offices, appellant Elizabeth Daley, M. D., commenced this action under 28 U.S.C. Section 1331 and Section 1337 seeking a declaratory judgment that the FDA lacks jurisdiction to inspect her offices pursuant to the provisions of the Food, Drug, and Cosmetic Act, 21 U.S.C. Sections 301 et seq., and seeking an injunction against...

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