E.R. SQUIBB AND SONS, INC. v. BOWEN

No. 88-1222.

870 F.2d 678 (1989)

E.R. SQUIBB AND SONS, INC., Petitioner, v. Otis R. BOWEN, M.D., Secretary of Health & Human Services, et al., Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided March 14, 1989.


Attorney(s) appearing for the Case

Robert H. Becker, with whom Kinsey S. Reagan, Washington, D.C., and Howard R. Harrison were on the brief, for petitioner.

Margaret A. Cotter, Atty., Dept. of Justice, with whom John R. Bolton, Asst. Atty. Gen., Department of Justice, and Thomas Scarlett, Rockville, Md., Chief Counsel and Beverly I. Rothstein, Assoc. Chief Counsel, Food and Drug Administration, were on the brief for respondents. John R. Fleder, Director, Office of Consumer Litigation, Dept. of Justice and Mary K. Pendergast, Atty., Food and Drug Admin., Washington, D.C., entered appearances for respondents.

Before MIKVA, BUCKLEY and D.H. GINSBURG, Circuit Judges.


Opinion for the Court filed by Circuit Judge D.H. GINSBURG.

D.H. GINSBURG, Circuit Judge:

This is a petition for review of an order of the Commissioner of Food and Drugs withdrawing approval of, and revoking certification for, four combination drugs manufactured by petitioner E.R. Squibb and Sons, Inc. We deny Squibb's petition for review.

I. BACKGROUND

Section 505 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq...

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