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PUBLIC CITIZEN HEALTH RESEARCH GROUP v. YOUNG

No. 89-5055.

909 F.2d 546 (1990)

PUBLIC CITIZEN HEALTH RESEARCH GROUP, et al., Appellees, v. Dr. Frank YOUNG, Commissioner, Food and Drug Administration, et al., Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 31, 1990.

Attorney(s) appearing for the Case

Edward R. Cohen, Atty., Dept. of Justice, for appellants. Stuart M. Gerson, Asst. Atty. Gen., Jay B. Stephens, U.S. Atty., William Kanter and Victoria F. Nourse, Attys., Dept. of Justice, Washington, D.C., were on the brief, for appellants. Robert K. Rasmussen, Nashville, Tenn., also entered an appearance for appellants.

Katherine A. Meyer, with whom Alan B. Morrison, Washington, D.C., was on the brief, for appellees. William B. Schultz and R. Bruce Dickson, Washington, D.C., also entered appearances for appellees.

Before BUCKLEY, WILLIAMS and SENTELLE, Circuit Judges.

Opinion for the Court filed by Circuit Judge WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

We review here an award of attorneys' fees incurred by Public Citizen Health Research Group in an effort to force the Food & Drug Administration to require a warning of Reye's Syndrome on aspirin labels. The FDA eventually imposed the requirement, and the district court found that even though the lawsuit was never decided on the merits, it was enough of a "catalyst...

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