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RUTHERFORD v. UNITED STATES

Nos. 85-1053, 85-1735.

806 F.2d 1455 (1986)

Glen L. RUTHERFORD, Individually and on Behalf of A Class Composed of Terminally Ill Cancer Patients, Plaintiffs-Appellees, v. UNITED STATES of America, et al., Defendants-Appellants, "Save the United States Movement, Improving Public Health and Physical Fitness of the United States Citizens," Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

December 9, 1986.

Attorney(s) appearing for the Case

Al J. Daniel, Jr., Atty., Appellate Staff, Civil Div., Dept. of Justice, Washington, D.C. (Richard K. Willard, Acting Asst. Atty. Gen., William S. Price, U.S. Atty. for the W.D. of Okl. and Robert S. Greenspan, Atty., Civil Div., Dept. of Justice, Washington, D.C., and Thomas Scarlett, Chief Counsel; Michael M. Landa, Associate Chief Counsel, Food and Drug Admin., Rockville, Md., of counsel, with him on the briefs), for defendants-appellants.

Kirkpatrick W. Dilling of Dilling, Gronek and Armstrong, Chicago, Ill. (Robert E. Armstrong of Dilling, Gronek and Armstrong, Chicago, Ill., and Page Dobson and Rodney L. Cook of Holloway, Dobson, Hudson and Bachman, Oklahoma City, Okl., of counsel, with him on the briefs), for plaintiffs-appellees.

David S. King of Williams & King, Washington, D.C., filed a brief for amicus curiae.

Before McKAY, MOORE and TACHA, Circuit Judges.

McKAY, Circuit Judge.

This appeal is the culmination of nearly twelve years of litigation between terminally ill cancer patients seeking to obtain and use the substance commonly known as Laetrile and the Federal Food & Drug Administration (FDA). In 1975, the FDA issued a declaratory order that classified Laetrile as a "new drug" for purposes of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 301-392...

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