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GENERAL MEDICAL CO. v. U.S. FOOD AND DRUG ADMIN.

No. 83-2298.

770 F.2d 214 (1985)

GENERAL MEDICAL COMPANY, Petitioner, v. UNITED STATES FOOD AND DRUG ADMINISTRATION, et al., and Margaret M. Heckler, Secretary Department of Health & Human Services, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided August 16, 1985.

Attorney(s) appearing for the Case

Herbert L. Fenster, Washington, D.C., with whom Larry R. Pilot, Washington, D.C., was on brief, for petitioner.

Scott T. Kragie, Asst. U.S. Atty., Washington, D.C., with whom Joseph E. diGenova, U.S. Atty., Royce C. Lamberth, A. Craig Lawrence and Michael J. Ryan, Asst. U.S. Attys., Washington, D.C., were on brief, for respondents.

Thomas F. Fise, Washington, D.C., was on brief for Counsel for the American Trade Ass'n, amicus curiae, urging reversal.

Before GINSBURG and SCALIA, Circuit Judges, and McGOWAN, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge McGOWAN.

McGOWAN, Senior Circuit Judge:

The pace of proceedings at the Food and Drug Administration (FDA), for whatever reasons, does not rival that of, say, a turn-of-the-century sweatshop in New York City. See McIlwain v. Hayes, 690 F.2d 1041 (D.C.Cir.1982) (affirming FDA's decision, under statute passed in 1960 setting...

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