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INTERNATIONAL NUTRITION v. U.S. DEPT. OF HEALTH

No. 81-1291.

676 F.2d 338 (1982)

INTERNATIONAL NUTRITION, INC., Petitioner, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES; Richard S. Schweiker, Secretary of the Department of Health and Human Services; Food and Drug Administration; Mark Novitch, Acting Commissioner of Food and Drugs; Joseph P. Hile, Associate Commissioner for Regulatory Affairs, Respondents.

United States Court of Appeals, Eighth Circuit.

Decided April 28, 1982.

Attorney(s) appearing for the Case

William F. Baxter, Asst. Atty. Gen., Robert B. Nicholson, Mark C. Del Bianco, Dept. of Justice, Washington, D. C., for U. S. Dept. of Justice; Richard E. Geyer, Associate Chief Counsel for Veterinary Medicine, Elizabeth M. April, Asst. Chief Counsel for Veterinary Medicine Food and Drug Administration, Rockville, Md., of counsel.

Robert H. Becker, Kinsey S. Reagan, Kleinfeld, Kaplan & Becker, Washington, D. C., D. Jeff. Lance, Armstrong, Teasdale, Kramer & Vaughan, St. Louis, Mo., for Intern. Nutrition, Inc.

Before LAY, Chief Judge, McMILLIAN, Circuit Judge, and HUNTER, Senior District Judge.

McMILLIAN, Circuit Judge.

International Nutrition, Inc. (International) appeals from an order of the Commissioner of Food and Drugs denying International's request for approval of Pig Ration Ban-250, a medicated animal feed. The Commissioner denied his approval because International had failed to follow proper agency procedure in seeking approval for the feed, which it produces. International appeals the Commissioner's decision arguing that (1) the safety and effectiveness...

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