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GRAND LABORATORIES, INC. v. HARRIS

No. 80-1331.

660 F.2d 1288 (1981)

GRAND LABORATORIES, INC., Appellee, v. Patricia HARRIS, Secretary of Health, Education, and Welfare, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 2, 1981.

Rehearing and Rehearing Denied November 3, 1981.

Attorney(s) appearing for the Case

John J. Powers, III, Atty., Dept. of Justice, Washington, D. C., for appellant.

Harold Carter, Washington, D. C., for appellee.

Before LAY, Chief Judge, and HEANEY, BRIGHT, ROSS, STEPHENSON, HENLEY, McMILLIAN and ARNOLD, Circuit Judges, en banc.

Rehearing and Rehearing En Banc Denied November 3, 1981.

ARNOLD, Circuit Judge.

This is a suit by Grand Laboratories, Inc., to enjoin the Food and Drug Administration from inspecting its facilities in South Dakota. Grand manufactures animal biologics, which are products prepared from animal tissues or fluids, or from microorganisms, and used for the prevention or treatment of disease in animals. Plaintiff distributes its product wholly within the state of...

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