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U.S. v. BAXTER HEALTHCARE CORP.

Nos. 89-2087, 89-2088.

901 F.2d 1401 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. BAXTER HEALTHCARE CORPORATION, Defendant-Appellant, and Glaxo Specialties, Inc., a corporation, Intervenor/Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 7, 1990.

Rehearing and Rehearing Denied June 6, 1990.

Attorney(s) appearing for the Case

Anton R. Valukas, U.S. Atty., Frederick H. Branding, Asst. U.S. Atty., Office of the U.S. Atty., Chicago, Ill., and Eric M. Blumberg, Federal Drug Admin., Rockville, Md., for plaintiff-appellee.

Steven M. Kowal and George M. Burditt, Burditt, Bowles, Radzius & Ruberry, Chicago, Ill., for defendant-appellant.

Thomas P. Sullivan, William A. Von Hoene, Jr., Jenner & Block, Chicago, Ill., and Paul M. Hyman, Hyman, Phelps & McNamara, Washington, D.C., for intervenor-appellant.

Before CUMMINGS and WOOD, Jr., Circuit Judges, and PELL, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied June 6, 1990.

CUMMINGS, Circuit Judge.

The federal Food and Drug Administration (FDA) challenges a program involving the reconstitution, repackaging, freezing, and distribution of already approved drugs without specific FDA approval for final products of the program as new drugs. The district court granted the FDA's motion for a preliminary injunction prohibiting Baxter Healthcare Corporation ("Baxter") and intervenor...

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