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McILWAIN v. HAYES

Civ. A. No. 81-555.

530 F.Supp. 973 (1981)

Wende McILWAIN, et al., Plaintiffs, v. Arthur Hull HAYES, Jr., Commissioner, Food and Drug Administration, Defendant.

United States District Court, District of Columbia.

November 4, 1981.

Attorney(s) appearing for the Case

Katherine A. Meyer, William B. Schultz and Alan B. Morrison, Washington, D. C., for plaintiffs.

Asst. U. S. Atty. Patricia J. Kenney, Civ. Div. and Margaret Cotter, Asst. Chief, Antitrust Div., Dept. of Justice, Washington, D. C., for defendant.

Thomas A. Guidoboni, Daniel R. Thompson, Mark W. Smith, Bonner, Thompson, O'Connell, Gaynes & Middlekauff, Washington, D. C., for defendant-intervenor Certified Color Manufacturers Assn.

Robert M. Sussman, Ellen J. Flannery, Covington & Burling, Washington, D. C., for defendant-intervenor Cosmetic, Toiletry and Fragrance Assn.

MEMORANDUM

FLANNERY, District Judge.

This matter is before the court on cross-motions for summary judgment. Approximately four years ago, a similar group of plaintiffs1 brought before this court a similar challenge to actions taken by the Commissioner of the Food and Drug Administration (hereinafter "FDA"). See Health Research Group v. Califano, No. 77-293 (Sept. 23, 1977) (memorandum opinion). At that time this court...

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