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ABBOTT LABORATORIES v. HARRIS

No. 79 C 3732.

481 F.Supp. 74 (1979)

ABBOTT LABORATORIES, an Illinois Corporation, Plaintiff, v. Patricia R. HARRIS, Secretary of the Department of Health, Education and Welfare, et al., Defendants.

United States District Court, N. D. Illinois, E. D.

December 21, 1979.

Attorney(s) appearing for the Case

Charles L. Morin, Richard O. Wood, George M. Burditt, Burditt & Calkins, Chicago, Ill., Richard W. Kasperson, North Chicago, Ill., Abbott Laboratories, for plaintiff.

Thomas P. Sullivan, U. S. Atty., Frederick H. Branding, Asst. U. S. Atty., Chicago, Ill., J. Patrick Glynn, Gerald C. Kell, Consumer Affairs Section, Antitrust Division, U. S. Dept. of Justice, Washington, D. C., for defendants; Richard M. Cooper, Fletcher E. Campbell, Jr., Frederick H. Degnan, Food & Drug Administration, Rockville, Md., of counsel.

MEMORANDUM AND ORDER

MORAN, District Judge.

Plaintiff Abbott Laboratories has brought suit against Patricia R. Harris, Secretary of the Department of Health, Education and Welfare, and Sherwin Gardner, Acting Commissioner of the Food and Drug Administration (hereinafter collectively sometimes referred to as "FDA"), complaining that FDA has failed to take final administrative action on plaintiff's cyclamate food additive petition filed December 18, 1973....

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