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BENTEN v. KESSLER

No. CV-92-3161 (CPS).

799 F.Supp. 281 (1992)

Leona BENTEN, on behalf of herself and all others similarly situated, Dr. Louise B. Tyrer, and Lawrence Lader, Plaintiffs, v. David KESSLER, in his official capacity as Commissioner of the Food and Drug Administration, Carol Hallett, in her official capacity as Commissioner of the Bureau of Customs, Anthony Liberta, in his official capacity as Regional Commissioner of Customs for New York, and Robert K. Hering, FDA Compliance Officer, Defendants.

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

July 14, 1992.

Attorney(s) appearing for the Case

The Center for Reproductive Law & Policy by Simon Heller, Rachael Pine, Lynn Paltrow, and Catherine Albisa and Lefrak Newman & Myerson by Marshal Beil, New York City, for plaintiffs.

Stuart M. Gerson, Asst. Atty. Gen., Civ. Div., Office of Consumer Litigation U.S. Dept. of Justice by Drake Cutini and Deborah S. Smolover, Washington, D.C. and Andrew J. Maloney, U.S. Atty., E.D.N.Y. by Paul Weinstein, Asst. U.S. Atty., Brooklyn, N.Y., for defendants.

MEMORANDUM DECISION AND ORDER

SIFTON, District Judge.

This was a lawsuit waiting to happen. The record before this Court reveals a history of political and bureaucratic timidity mixed with well-intentioned blundering in dealing with two of the most charged and significant issues of our time: AIDS and abortion. A well-intentioned effort to except personal use of untested AIDS drugs from the new drug testing requirements imposed by Congress was adopted by...

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