PREMO PHARMACEUTICAL LABORATORIES, INC., Plaintiff-Appellee,
v.
UNITED STATES of America, Patricia Roberts Harris, Secretary of Health, Education and Welfare, and Jere Goyan, Commissioner of Food and Drugs, Defendants-Appellants.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued March 31, 1980.
Decided July 29, 1980.
Attorney(s) appearing for the Case
Janis P. Farrell, Asst. U. S. Atty., New York City (John S. Martin, Jr., U. S. Atty., Peter C. Salerno, Asst. U. S. Atty., New York City, Jeffrey B. Springer, Acting Chief Counsel, Eugene M. Pfeifer, Donald O. Beers, Associate Chief Counsel, for Enforcement, Jacqueline H. Eagle, Asst. Chief Counsel, for Enforcement, Food and Drug Administration, Rockville, Md., of counsel), for defendants-appellants.
John S. Eldred, Washington, D. C. (Deborah Shur Trinker, Keller & Heckman, Washington, D. C., David B. Kirschstein, Kirschstein, Kirschstein, Ottinger & Corbin, P. C., New York City, of counsel), for plaintiff-appellee.
Milton Handler, New York City (David Klingsberg, Gerald Sobel, Daniel D. Chazin, Steven Glockstein, Kaye, Scholer, Fierman, Hays & Handler, New York City, Vincent A. Kleinfeld, Thomas O. Henteleff, Glenn Davis, Kleinfeld, Kaplan & Becker, Washington, D. C., Frank A. Duckworth, Paul S. Miller, Philip M. Hahn, New York City, of counsel), for amicus curiae Pfizer Inc.
Before MANSFIELD and NEWMAN, Circuit Judges.
United States Court of Appeals, Second Circuit.
MANSFIELD, Circuit Judge:
In this action by Premo Pharmaceutical Laboratories Inc. (Premo), a manufacturer of drugs, for a declaratory judgment and injunctive relief, 28 U.S.C. §§ 2201, 1331(a), the Government, the Secretary of Health, Education and Welfare and the Commissioner of Food and Drugs appeal from a decision and judgment of the District Court for the Southern District of New York entered on August 2, 1979...
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