SOUTHEASTERN MINERALS, INC. v. HARRIS

No. 78-2270.

622 F.2d 758 (1980)

SOUTHEASTERN MINERALS, INC. and Marshall Minerals, Inc., Plaintiffs-Appellees, v. Patricia Roberts HARRIS, as Secretary of Health and Human Services, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 30, 1980.


Attorney(s) appearing for the Case

Gregory J. Leonard, Asst. U. S. Atty., Macon, Ga., Frederick H. Degnan, Assoc. Chief Counsel, F.D.A., Rockville, Md., Susan J. Atkinson, Robert B. Nicholson, Dept. of Justice, Washington, D. C., Richard M. Cooper, Chief Counsel, Arthur N. Levine, Deputy Chief Counsel, F. D. A., Rockville, Md., for defendants-appellants.

Ben Kirbo, Bainbridge, Ga., for plaintiffs-appellees.

Before GOLDBERG, CHARLES CLARK and THOMAS A. CLARK, Circuit Judges.


CHARLES CLARK, Circuit Judge:

In this appeal we review that portion of a district court judgment conditionally enjoining various federal officials1 charged with the enforcement of the Food, Drug, and Cosmetic Act [the Act], 21 U.S.C. §§ 301-392, from (1) interfering in any way with the manufacturing and marketing of the appellees' gentian violet premix product and (2) inspecting or visiting the appellees' offices and plants....

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