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STERLING DRUG INC. v. HARRIS

No. 79 Civ. 4899 (CES).

488 F.Supp. 1019 (1980)

STERLING DRUG INC., Winthrop Products Inc., and Breon Laboratories, Inc., Plaintiffs, v. Patricia R. HARRIS, Secretary of Health, Education and Welfare, Sherwin Gardner, Acting Commissioner of Food and Drugs, Food and Drug Administration and Department of Health, Education and Welfare, Defendants.

United States District Court, S. D. New York.

January 7, 1980.

Attorney(s) appearing for the Case

James Swire, Rogers, Hoge & Hills, New York City, for plaintiffs.

Robert Fiske, U. S. Atty., New York City, for defendants; Susan Campbell, Asst. U. S. Atty., New York City, of counsel.

MEMORANDUM DECISION

STEWART, District Judge:

This case presents the question of the scope of Exemption b(5) of the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552 (1966). Plaintiffs brought this action under FOIA to compel the production of documents sought in connection with litigation concerning the Food and Drug Administration's ("FDA") proposal to withdraw approval of the New Drug Application ("NDA") for plaintiffs' prescription drug Alevaire...

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