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AMERICAN CYANAMID CO. v. YOUNG

No. 84-1383.

770 F.2d 1213 (1985)

AMERICAN CYANAMID COMPANY, Petitioner, v. Frank E. YOUNG, M.D., Commissioner of Food & Drugs, Mark Novitch, M.D., Deputy Commissioner of Food & Drugs, Margaret Heckler, Secretary, Dept. of Health & Human Services and Food and Drug Administration, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided August 27, 1985.

Attorney(s) appearing for the Case

William R. Pendergast, Washington, D.C., with whom Wayne H. Matelski, Washington, D.C., was on the brief, for petitioner.

Eugene M. Thirolf, Jr., Atty., Dept. of Justice, Washington, D.C., with whom Richard K. Willard, Asst. Atty. Gen., John Fleder, Asst. Director, Office of Consumer Litigation, Dept. of Justice, Thomas Scarlett, Chief Counsel for Enforcement, Office of General Counsel, and Mark A. Heller, Associate Chief Counsel for Enforcement, Food and Drug Administration, Washington, D.C.

Before ROBINSON, Chief Judge, and MIKVA and GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

Nature has well equipped the flea to meet the life-or-death challenge of alighting upon a suitable host; it is estimated that if humans possessed a jumping ability comparable to that of Ctenocephalides canis,1 a person could leap five city blocks in a single bound. IV ENCYCLOPEDIA BRITANNICA 177 (15th ed. 1974); see also M. ROTHCHILD ...

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