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STAUFFER CHEMICAL CO. v. FOOD & DRUG ADMIN.

No. 80-5769.

670 F.2d 106 (1982)

STAUFFER CHEMICAL COMPANY, Plaintiff-Appellant, v. FOOD & DRUG ADMINISTRATION, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 20, 1982.

Attorney(s) appearing for the Case

Eugene I. Lambert, Washington, D. C., for plaintiff-appellant.

Susan J. Atkinson, Washington, D. C., for defendant-appellee.

Before WRIGHT, KENNEDY and SKOPIL, Circuit Judges.

SKOPIL, Circuit Judge.

The district court found no jurisdiction because Stauffer failed to exhaust its administrative remedies.

Some exhaustion requirements are statutorily specified jurisdictional prerequisites. Others are judicially developed and courts have discretion to modify them. Montgomery v. Rumsfeld, 572 F.2d 250, 252-53 & nn.2-3 (9th Cir. 1978). The FDA does not argue that exhaustion is statutorily prescribed...

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