Dissenting Opinion of Circuit Judge Norris from Failure to Hear Case En Banc March 11, 1993.
CYNTHIA HOLCOMB HALL, Circuit Judge:
On a chilly morning in February 1989, members of the Portland Chapter of the AIDS Coalition to Unleash Power ("Act Up!/Portland") gathered at the Federal Building in Portland to protest Food and Drug Administration ("FDA") policies regarding the testing and approval of drugs designed to combat the AIDS virus. Appellees, six men...
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