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SMITHKLINE CORP. v. FOOD & DRUG ADMINISTRATION

No. 76-1942.

587 F.2d 1107 (1978)

SMITHKLINE CORPORATION, Petitioner, v. FOOD AND DRUG ADMINISTRATION, and Donald Kennedy, Commissioner, Department of Health, Education and Welfare, and Joseph A. Califano, Jr., Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided June 22, 1978.

Attorney(s) appearing for the Case

Stanley L. Temko, Washington, D. C., with whom Herbert Dym and Coleman S. Hicks, Washington, D. C., were on the brief, for petitioner.

Margaret A. Cotter, Asst. Chief, Consumer Affairs, Dept. of Justice, Washington, D. C., with whom Eric M. Blumberg, Associate Chief Counsel for Enforcement, Food and Drug Administration, Rockville, Md., was on the brief, for respondents.

Before BAZELON, McGOWAN and MacKINNON, Circuit Judges.

Opinion for the Court filed by BAZELON, Circuit Judge.

Opinion filed by McGOWAN, Circuit Judge, concurring in part and dissenting in part.

BAZELON, Circuit Judge:

Smith, Kline & French Laboratories (SKF), a Division of SmithKline Corporation, has since 1950 produced and marketed Dexamyl,1 a prescription drug used as an anorectic in the treatment of obesity. Dexamyl is a combination drug containing Dexedrine (dextroamphetamine...

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