Glen L. RUTHERFORD, Individually and on behalf of a class composed of terminally ill cancer patients, Plaintiffs-Appellees,
v.
UNITED STATES of America, Joseph A. Califano, Secretary of Health, Education and Welfare, Donald Kennedy, Commissioner of the Food and Drug Administration, et al., Defendants-Appellants.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
February 19, 1980.
Rehearing Denied April 28, 1980.
Attorney(s) appearing for the Case
Barry Grossman, Atty., Dept. of Justice, Washington, D. C. (John H. Shenefield, Asst. Atty. Gen., Catherine G. O'Sullivan, Peter L. De La Cruz, Atty., Dept. of Justice, Washington, D. C., Richard M. Cooper, Chief Counsel, Eugene M. Pfeifer, Associate Chief Counsel for Enforcement, Food and Drug Division, Dept. of Health, Education, and Welfare, Rockville, Md., of counsel, and Arnold I. Friede, Asst. Chief Counsel for Enforcement, Food and Drug Division, Dept. of Health, Education, and Welfare, Washington, D. C., with him on brief), for defendants-appellants.
Kenneth Ray Coe of Hunt, Thomas, Dawson & Gile, Oklahoma City, Okl. (Kirkpatrick W. Dilling of Dilling, Dilling & Gronek, Chicago, Ill., Dennis M. Gronek and Robert E. Armstrong, Chicago, Ill., of counsel, with him on brief on remand), for plaintiffs-appellees.
Charles F. Wheatley, Jr., William T. Miller, and Robert A. O'Neil of Wheatley & Miller, Washington, D. C., and Grace Powers Monaco of Fairman, Frisk & Monaco, Washington, D. C., on brief, for amicus American Cancer Society, Inc.
Before SETH, Chief Judge, BARRETT and McKAY, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
SETH, Chief Judge.
The case was remanded by the Supreme Court by United States v. Rutherford, 544 U.S. 442, 99 S.Ct. 2470, 61 L.Ed.2d 68, with a reversal of our Rutherford v. United States,582 F.2d 1234 (10th Cir.).
We had held that there was no measure or standard to permit the application of the "effective" requirement in the statute as to Laetrile as a cancer treatment by injection with a doctor's recommendation...
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