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AMERICAN PHARMACEUTICAL ASS'N v. MATHEWS

No. 74-1989.

530 F.2d 1054 (1976)

AMERICAN PHARMACEUTICAL ASSOCIATION et al. v. David MATHEWS et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided February 11, 1976.

Attorney(s) appearing for the Case

Thomas Scarlett, Atty., Food and Drug Div., Dept. of Health, Ed. and Welfare, Washington, D.C., with whom Peter Barton Hutt, Asst. Gen. Counsel, Howard M. Holstein, Atty., Food and Drug Div., Dept. of Health, Ed. and Welfare, Washington, D.C., and Samuel R. Simon, Atty., Dept. of Justice, Washington, D.C., were on the brief, for appellants. Howard E. Shapiro, Atty., Dept. of Justice, Washington, D.C., also entered an appearance for appellants.

Joel E. Hoffman, Washington, D.C., with whom Arthur B. Hanson, W. Frank Stickle, Jr. and Selma M. Levine, Washington, D.C., were on the brief, for appellees.

Before McGOWAN, TAMM and ROBB, Circuit Judges.

PER CURIAM:

The judgment appealed from is affirmed on the basis of the opinion of the District Court (The Honorable John H. Pratt, District Judge). See 377 F.Supp. 824 (D.D.C.1974).

McGOWAN, Circuit Judge (concurring in the result):

Although I concur in affirming the District Court, I find unpersuasive two theories advanced in its opinion, and appellees' failure...

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