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BELLARNO INTERN. LTD. v. FOOD AND DRUG ADMIN.

No. 86 CV 3438.

678 F.Supp. 410 (1988)

BELLARNO INTERNATIONAL LTD., Plaintiff, v. FOOD AND DRUG ADMINISTRATION, Richard R. Klug, Director, Import Operations, and Joseph Faline, Director, New York Import District, Defendants.

United States District Court, E.D. New York.

January 4, 1988.

Attorney(s) appearing for the Case

Robert Ullman, Bass & Ullman, New York City, for plaintiff.

Andrew J. Maloney, U.S. Atty., E.D. N.Y., Brooklyn, N.Y., David M. Nocenti, Asst. U.S. Atty., Margaret A. Cotter, Asst. Director, Office of Consumer Litigation, Civ. Div., Dept. of Justice, Washington, D.C., Thomas Scarlett, Chief Counsel, Arthur N. Levine, Deputy Chief Counsel and Sandra Barnes, Asst. Chief Counsel, for Enforcement, Food & Drug Admin., for defendants.

McLAUGHLIN, District Judge.

This is an action challenging a policy of the Food and Drug Administration ("FDA") that automatically detains pharmaceuticals made in the United States, exported for foreign sale, and then offered for reimport in the United States. The parties have cross-moved for summary judgment pursuant to Fed.R.Civ.P. 56.

FACTS

Plaintiff Bellarno International, Ltd. ("Bellarno") is a New Jersey corporation engaged in the business of...

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