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SCHERING CORP. v. HECKLER

No. 85-5337.

779 F.2d 683 (1985)

SCHERING CORPORATION, Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Resources, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided December 13, 1985.

Attorney(s) appearing for the Case

George M. Burditt, with whom Eugene M. Pfeifer, Washington, D.C., was on brief, for appellant.

Gerald C. Kell, Atty., Dept. of Justice, with whom Richard K. Willard, Acting Asst. Atty. Gen., Dept. of Justice, Thomas Scarlett, Chief Counsel, Food and Drug Admin. and J. Patrick Glynn, Atty., Dept. of Justice, Washington, D.C., were on brief, for appellees. Josepyh E. DiGenova, U.S. Atty., Washington, D.C., also entered an appearance, for appellees.

Bruce F. Mackler, Washington, D.C., and Leona Marx, were on brief, for intervenor-appellee.

Before WRIGHT and EDWARDS, Circuit Judges, and McGOWAN, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

Separate Concurring Statement filed by Circuit Judge J. SKELLY WRIGHT.

HARRY T. EDWARDS, Circuit Judge.

Schering Corporation ("Schering") appeals from an order of the District Court denying its motion for a preliminary injunction and granting the Government's motion to dismiss its suit. Schering sought to invalidate a settlement agreement that...

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