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UNITED STATES v. GENERIX DRUG CORP.

Nos. 80-5652, 80-5856 and 80-5857.

707 F.2d 835 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. GENERIX DRUG CORPORATION, a corporation, Lewis Michael Orlove, Gary R. Dubin, and Ofelia Perez, individual, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit. Unit B

June 16, 1983.

Attorney(s) appearing for the Case

Greene & Cooper, Robyn Greene, Miami, Fla., for defendants-appellants.

Nancy C. Garrison, John J. Powers, III, Washington, D.C., for plaintiff-appellee.

Before HILL and THOMAS A. CLARK, Circuit Judges, and MARKEY, Chief Judge.

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

JAMES C. HILL, Circuit Judge:

In this case, the district court originally entered a preliminary injunction enjoining Generix Drug Corporation from selling certain generic drugs containing designated active ingredients. The injunction was entered on grounds that the drugs had not been properly approved by the Food and Drug Administration ("FDA"). 498 F.Supp. 288. A...

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