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GRAND LABORATORIES, INC. v. HARRIS

No. Civ 79-4126.

488 F.Supp. 618 (1980)

GRAND LABORATORIES, INC., Plaintiff, v. Patricia HARRIS, Secretary of Health, Education and Welfare, Defendant.

United States District Court, D. South Dakota, S. D.

February 21, 1980.

Attorney(s) appearing for the Case

Qualley, Larson & Jones, Sioux Falls, S. D., for plaintiff.

John J. Ulrich, Asst. U. S. Atty., Sioux Falls, S. D., and Frederick H. Degnan, Asst. Chief Counsel, Food and Drug Administration, Dept. of Health, Education and Welfare, Rockville, Md., for defendant.

MEMORANDUM DECISION

NICHOL, Chief Judge.

This case, involving the interplay between the Virus, Serum, and Toxin Act of 1913 (VSTA), 21 U.S.C. section 153 et seq., and the Food, Drug, and Cosmetic Act (FDCA), 21 U.S.C. section 301 et seq., is one of first impression. Plaintiff is a South Dakota corporation engaged in the production and marketing of animal biologics. Defendant is joined in her capacity as supervisor of the Food and Drug Administration (FDA...

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