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PARKE, DAVIS & CO. v. CALIFANO

No. 77-1224.

564 F.2d 1200 (1977)

PARKE, DAVIS & COMPANY, Plaintiff-Appellee, v. Joseph A. CALIFANO, Secretary of Health, Education and Welfare, Donald Kennedy, Commissioner of Food and Drugs, and the Food and Drug Administration, Defendants-Appellants, and United States of America, Appellant.

United States Court of Appeals, Sixth Circuit.

Decided October 26, 1977.

Rehearing Denied November 23, 1977.

Attorney(s) appearing for the Case

Donald I. Baker, Carl D. Lawson, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., Andrea Limmer, Dept. of Justice, Washington, D. C., Philip Van Dam, U. S. Atty., Detroit, Mich., Richard A. Merrill, Chief Counsel Food & Drug Administration, Dept. of H.E.W., Rockville, Md., for defendants-appellants.

Paul C. Warnke, Thomas R. Spradlin, Clifford, Glass, McIlwain & Finney, Terence J. Fortune, Thomas D. Finney, Washington, D. C., Wolfgang Hoppe, Miller, Canfield, Paddock & Stone, Detroit, Mich., Charles E. Lents, Parke, Davis & Co., Detroit, Mich., for plaintiff-appellee.

Before PHILLIPS, Chief Judge, and WEICK and LIVELY, Circuit Judges.

LIVELY, Circuit Judge.

The question in this case is whether the district court properly enjoined enforcement actions by the Food and Drug Administration (FDA) which were instituted as libels for the seizure of drugs in warehouses of the plaintiff, Parke, Davis & Company (Parke Davis). The appellants contend that the judgment of the district court constitutes an unwarranted interference with a discretionary determination of the FDA commissioner, whereas the appellee...

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