RHONE-POULENC, INC., HESS & CLARK DIVISION, Petitioner,
v.
FOOD AND DRUG ADMINISTRATION, Respondent.
VINELAND LABORATORIES, INC., Petitioner,
v.
FOOD AND DRUG ADMINISTRATION, Sherwin Gardner, Acting Commissioner of Food and Drugs, Respondents.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued November 29, 1979.
Decided November 24, 1980.
Attorney(s) appearing for the Case
Eugene I. Lambert, Washington, D. C., with whom Richard F. Kingham, Washington, D. C., was on brief, for the petitioner Rhone-Poulenc, Inc., Hess & Clark Division in case No. 79-1694.
Frederick S. Hird, Jr., Washington, D. C., with whom James L. Kaler, Washington, D. C., was on brief, for the petitioner Vineland Laboratories, Inc. in case No. 79-1706.
Donald O. Beers, Associate Chief Counsel for Enforcement, Food and Drug Administration, Rockville, Md., with whom Richard M. Cooper, Chief Counsel, and Robert M. Spiller, Jr., Associate Chief Counsel for Enforcement, Food and Drug Administration, Rockville, Md., and Robert B. Nicholson and Susan J. Atkinson, Attys., Dept. of Justice, Washington, D. C., were on brief for appellees.
Before WRIGHT, Chief Judge, ROBB, Circuit Judge and CORCORAN, Senior United States District Judge for the District of Columbia.
United States Court of Appeals, District of Columbia Circuit.
Opinion PER CURIAM
PER CURIAM:
In Hess & Clark v. FDA, 161 U.S. App. D.C. 395, 495 F.2d 975 (1974) and Chemetron Corp. v. HEW, 161 U.S.App.D.C. 415, 495 F.2d 995 (1974), we held that the Commissioner of the Food and Drug Administration could not withdraw the agency's New Animal Drug Approvals for the drug diethylstilbestrol (DES)1 without holding...
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