PHARMADYNE LABORATORIES, INC., Appellant,
v.
Donald M. KENNEDY, Commissioner of Food and Drug, United States Department of Health, Education and Welfare, and Frederick R. Carlson, Food and Drug Administration, District Director, Newark District Office, and United States Food and Drug Administration.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued February 21, 1979.
Decided March 14, 1979.
Attorney(s) appearing for the Case
Milton A. Bass (argued), Jacob Laufer, Bass, Ullman & Lustigman, New York City, for appellant.
Charles J. Walsh, Asst. U. S. Atty. (argued), Newark, N. J., and Eugene M. Pfeifer, Associate Counsel for Enforcement, Office of the Gen. Counsel, Food & Drug Administration, Rockville, Md., for appellees.
Eugene I. Lambert, Covington & Burling, Washington, D. C., for Hoechst-Roussel Pharmaceuticals, Inc., amicus curiae.
Before SEITZ, Chief Judge, and VAN DUSEN and GARTH, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
VAN DUSEN, Circuit Judge.
This appeal arises from a January 10, 1979, order1 of the district court, denying plaintiff a preliminary injunction to restrain defendants from instituting or causing to be instituted any further seizure action against plaintiff's drugs under 21 U.S.C.A. § 334.2 After consideration of the record, we affirm the district court order, but on a different...
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