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COM. OF MASS. v. HAYES

No. 82-1292.

691 F.2d 57 (1982)

COMMONWEALTH OF MASSACHUSETTS, Plaintiff, Appellant, v. Arthur Hull HAYES, Jr., in his capacity as Commissioner of the Food and Drug Administration, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided October 18, 1982.

Attorney(s) appearing for the Case

Sarah E. Wald, Asst. Atty. Gen., Public Protection Bureau, Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., and Susan H. Frey, Asst. Atty. Gen., Consumer Protection Div., Public Protection Bureau, Boston, Mass., were on brief, for appellant.

George Edelstein, Atty., Dept. of Justice, Washington, D. C., with whom William F. Baxter, Asst. Atty. Gen., Thomas Scarlett, Chief Counsel, Beverly Rothstein, Associate Chief Counsel for Enforcement, Food and Drug Administration, and John J. Powers, III, Atty., Dept. of Justice, Washington, D. C., were on brief, for appellee.

Before COFFIN, Chief Judge, DAVIS and BOWNES, Circuit Judges.

COFFIN, Chief Judge.

The Commonwealth of Massachusetts has challenged denial by the Food and Drug Administration of its application for an exemption from federal preemption for two provisions of its laws governing the sale of hearing aids. The district court granted summary judgment upholding the FDA's denial, and the Commonwealth appeals. We find that the agency applied its validly promulgated standards for exemption rationally and with reasoned explanation. We therefore...

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