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NORWICH EATON PHARMACEUTICALS, INC. v. BOWEN

Civ. No. C-1-85-1914.

645 F.Supp. 321 (1986)

NORWICH EATON PHARMACEUTICALS, INC., Plaintiff, v. Otis R. BOWEN, Secretary of Health and Human Services, et al., Defendants.

United States District Court, S.D. Ohio, W.D.

March 3, 1986.

Attorney(s) appearing for the Case

Frank Woodside, Cincinnati, Ohio, for plaintiff.

Gerald Kaminski, Cincinnati, Ohio, Kenneth Jost, Washington D.C., Mark Heller, Rockville, Md., for defendants.

ORDER

CARL B. RUBIN, Chief Judge.

This matter is before the Court following the presentation of evidence at a trial to the Court, and the filing of post-trial memoranda. Plaintiff Norwich Eaton Pharmaceuticals, Inc. (hereinafter "Norwich Eaton") seeks a declaration of its rights under Sections 505(j)(4)(D) and 505(c)(3)(D) of the Federal Food Drug and Cosmetic Act, 21 U.S.C. § 301 et seq. (FFDCA). Plaintiff also seeks an injunction requiring...

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