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UNITED STATES v. GENERIX DRUG CORP.

No. 79-6655-Civ-NCR.

498 F.Supp. 288 (1980)

UNITED STATES of America, Plaintiff, v. GENERIX DRUG CORPORATION, a corporation, and Lewis Michael Orlove, and Gary R. Dubin, and Ofelia Perez, Individuals, Defendants.

United States District Court, S. D. Florida, Fort Lauderdale Division.

June 12, 1980.

Attorney(s) appearing for the Case

Ana H. Barnett, Asst. U. S. Atty., Miami, Fla., Jacqueline H. Eagle, Asst. Chief Counsel, Rockville, Md., for Drugs, Food & Drug Administration, Gerald C. Kell, Consumer Affairs Section, Antitrust Div., Dept. of Justice, Washington, D. C., for plaintiff.

Thomas Scarlett, Morgan, Lewis & Bockius, Washington, D. C., George M. Burditt, Burditt & Caulkins, Chicago, Ill., for defendants.

ORDER

ROETTGER, District Judge.

This matter came before the court on plaintiff's motion for a preliminary injunction pursuant to 21 U.S.C. § 332. The Government has alleged that defendant, Generix Drug Corporation, distributes "new drugs" without an approved new drug application, and that such activity is proscribed by 21 U.S.C. § 355(a). Additionally, the Government has alleged that defendants have failed to comply with 21 U.S.C. § 351(a...

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