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  5. 843 F.2d 860 (1988)
 

U.S. v. ATROPINE SULFATE 1.0 MG. (ARTICLE OF DRUG)

No. 87-1392.

843 F.2d 860 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. ATROPINE SULFATE 1.0 MG. (ARTICLE OF DRUG) DEY-DOSE, Defendant, and Dey Laboratories, Inc., Claimant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 3, 1988.

Attorney(s) appearing for the Case

Harold Hoffman, Cynthia Hollingsworth, Dallas, Tex., and Marc H. Bozeman, Los Angeles, Cal., for claimant-appellant.

Lawrence G. McDade, Washington, D.C., for plaintiff-appellee.

Before WILLIAMS and HIGGINBOTHAM, Circuit Judges, and BROWN, District Judge.

PAUL N. BROWN, District Judge:

Dey Laboratories, Inc. (Dey) appeals from a summary judgment. In granting summary judgment the district court held that the atropine sulfate inhalant manufactured and marketed by Dey is a "new drug" under the Federal Food, Drug and Cosmetic Act, 21 U.S.C. §§ 301-392 (the Act). The district court was correct in holding that as a matter of law "any consensus which may exist regarding the safety or efficacy of [Dey's] ASI is not...

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