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GLAXO, INC. v. BOWEN

No. 85-1503-CIV-5.

640 F.Supp. 933 (1986)

GLAXO, INC., Plaintiff, v. Otis R. BOWEN, M.D., in his Capacity as Secretary of Health and Human Services; and Frank E, Young, M.D., in his Capacity as Commissioner of Food and Drugs, Food and Drug Administration, Department of Health & Human Services, Defendants, Eli Lilly and Company, Intervenor-Defendant.

United States District Court, E.D. North Carolina, Raleigh Division.

July 23, 1986.

Attorney(s) appearing for the Case

Peter W. Safir, Kleinfeld, Kaplan & Becker, Washington, D.C., Randel E. Phillips, Moore, Van Allen, Allen & Thigpen, Charlotte, N.C., William D. Dannelly, Moore, Van Allen, Allen & Thigpen, Raleigh, N.C., for plaintiff.

James G. Carpenter, Asst. U.S. Atty., Raleigh, N.C., Jacqueline H. Eagle, U.S. Dept. of Justice, Washington, D.C., Sandra I. Barnes, Trial Atty., Food & Drug Admin., Rockville, Md., for defendants Bowen and Young.

Joel E. Hoffman and Willard K. Tom, Sutherland, Asbill & Brennan, Washington, D.C., Robert W. Spearman, Sanford, Adams, McCullough & Beard, Raleigh, N.C., for intervenor-defendant Eli Lilly and Co.

ORDER

TERRENCE WILLIAM BOYLE, District Judge.

This matter comes before the court on cross-motions for summary judgment submitted by plaintiff Glaxo, Inc. (Glaxo), defendants Secretary Otis R. Bowen and Commissioner Frank Young and defendant-intervenor Eli Lilly & Company (Lilly) pursuant to Rule 56 of the Federal Rules of Civil Procedure. The court recited the facts underlying this dispute in its order of November 27, 1985 which denied Glaxo's motion...

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