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ZOTOS INTERN., INC. v. KENNEDY

Civ. A. No. 77-0218.

460 F.Supp. 268 (1978)

ZOTOS INTERNATIONAL, INC., Plaintiff, v. Donald KENNEDY, Commissioner, Food & Drug Administration, et al., Defendants.

United States District Court, District of Columbia.

April 27, 1978.

Attorney(s) appearing for the Case

William I. Althen, Washington, D. C., for plaintiff.

William H. Briggs, Jr., Asst. U. S. Atty., Washington, D. C., for defendants.

OPINION

JUNE L. GREEN, District Judge.

The parties in this case have filed cross motions for summary judgment with regard to Count II of the complaint. The Court grants summary judgment to plaintiff for the reasons stated below.

I.

The material facts relating to Count II are not disputed. Plaintiff Zotos International, Inc. engages in the manufacture and sale of certain cosmetic products regulated by the Food and Drug Administration (FDA...

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