PHARMADYNE LABORATORIES, INC. v. KENNEDY

Cir. A. No. 78-2792.

466 F.Supp. 100 (1979)

PHARMADYNE LABORATORIES, INC., Plaintiff, v. Donald M. KENNEDY, Commissioner of Food and Drugs, United States Department of Health, Education and Welfare, Frederick R. Carlson, Food and Drug Administration, District Director, Newark District Office, and the United States Food and Drug Administration, Defendants.

United States District Court, D. New Jersey.

January 10, 1979.


Attorney(s) appearing for the Case

Bass, Ullman & Lustigman, New York City by Milton A. Bass, Sheldon S. Lustigman, Jacob Laufer, New York City, for plaintiff.

Robert J. Del Tufo, U. S. Atty. by Charles J. Walsh, Asst. U. S. Atty., Newark, N. J., Eugene M. Pfeifer, Associate Chief Counsel for the FDA, Rockville, Md., for defendants.


OPINION AND ADDENDUM

MEANOR, District Judge.

This case arises out of dictum contained in United States v. Articles of Drug (Lannett), 585 F.2d 575 (3d Cir. 1978), rehearing en banc denied.1 Presently before the court is an application by the plaintiff, Pharmadyne, for a preliminary injunction restraining the Food and Drug Administration (FDA) from litigating the new drug status...

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