MASTI-KURE PRODUCTS CO., INC. v. CALIFANO

No. 76-1146.

587 F.2d 1099 (1978)

MASTI-KURE PRODUCTS COMPANY, INC., Petitioner, v. Joseph A. CALIFANO, Jr., Secretary of U. S. Department of Health, Education and Welfare, Donald Kennedy, Commissioner of Food and Drugs, Food and Drug Administration and C. D. Van Houweling, Director, Bureau of Veterinary Medicine, Food and Drug Administration, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided June 16, 1978.


Attorney(s) appearing for the Case

David Chiras, of the Bar of the Supreme Court of Rhode Island, pro hac vice by special leave of Court with William F. Casler, Sr., St. Petersburg Beach, Fla., Carleton L. Weidemeyer, Clearwater, Fla., William J. Bethune and Mark W. Foster, Washington, D. C., were on the brief, for petitioner.

Also John P. Meade, Washington, D. C., entered an appearance for petitioner.

J. Patrick Glynn, Atty., Dept. of Justice, St. Louis, Mo., with whom Charles R. McConachie, Acting Chief, Consumer Affairs Section, Dept. of Justice, Washington, D. C., was on the brief, for respondents.

Before BAZELON, McGOWAN and MacKINNON, Circuit Judges.


Opinion for the Court filed by Circuit Judge BAZELON.

BAZELON, Circuit Judge:

On February 17, 1976, the Deputy Commissioner of Food and Drugs issued an order withdrawing approval of new animal drug application (NADA) 65-381 and denying a request for a hearing. 41 Fed.Reg. 7141 (1976). The drug covered by NADA 65-381 is a fixed combination drug containing in each 14-milliliter dosage unit procaine penicillin G (100...

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