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WEBB v. DEPARTMENT OF HEALTH AND HUMAN SERVICES

No. 81-2345.

696 F.2d 101 (1982)

N. Conant WEBB, M.D., Appellant, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided December 14, 1982.

Attorney(s) appearing for the Case

Frederick Townsend, with whom Alan B. Morrison and David C. Vladeck, Washington, D.C., were on the brief, for appellant.

Patricia J. Kenney, Asst. U.S. Atty., with whom Stanley S. Harris, U.S. Atty., Royce C. Lamberth, R. Craig Lawrence and Michael J. Ryan, Asst. U.S. Attys., Thomas Scarlett, Chief Counsel, Food and Drug Administration, Washington, D.C., were on the brief, for appellees, Department of Health and Human Services, et al.

Joel E. Hoffman, with whom Patricia R. Sharin and Bruce J. Brennan, Washington, D.C., were on the brief, for appellee, Pharmaceutical Manufacturers Association.

Before WILKEY and GINSBURG, Circuit Judges and BAZELON, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge WILKEY.

WILKEY, Circuit Judge:

Appellant, a medical doctor seeking to obtain information from the Food and Drug Administration under the Freedom of Information Act, appeals from the district court's dismissal of his suit. Because we agree with the district court that appellant's attack on the validity of an FDA regulation is not justiciable in the present form, we affirm its decision to dismiss.

I. BACKGROUND...

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