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NAT. ASS'N OF PHARMACEUTICAL MFRS. v. F.D.A.

No. 204, Docket 80-6090.

637 F.2d 877 (1981)

NATIONAL ASSOCIATION OF PHARMACEUTICAL MANUFACTURERS and National Pharmaceutical Alliance, Plaintiffs-Appellants, v. FOOD AND DRUG ADMINISTRATION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 5, 1981.

Rehearing and Rehearing Denied April 10, 1981.

Attorney(s) appearing for the Case

Jacob Laufer, New York City (Bass, Ullman & Lustigman, Milton A. Bass, and Steven R. Trost, New York City, of counsel), for plaintiffs-appellants.

Harvey J. Wolkoff, Asst. U. S. Atty., S.D.N.Y., New York City (John S. Martin, Jr., U. S. Atty., S.D.N.Y., Peter C. Salerno, Asst. U. S. Atty., New York City, Nancy L. Buc, Chief Counsel, Kathleen A. Blackburn, Asst. Chief Counsel, Food and Drug Administration, Rockville, Md., of counsel), for defendant-appellee.

Before FRIENDLY and TIMBERS, Circuit Judges.

Rehearing and Rehearing In Banc Denied April 10, 1981.

FRIENDLY, Circuit Judge:

In 1962 Congress enacted various amendments to the Federal Food, Drug, and Cosmetic Act of 1938 (the Act), 52 Stat. 1040, amended 76 Stat. 780, to "strengthen and broaden existing laws in the drug field so as to bring about better, safer medicine and to establish a more effective system of enforcement of the drug laws." S.Rep.No.1744, 87th Cong., 2d Sess. 8, [1962] U.S.Code Cong...

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