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  5. 869 F.Supp. 906 (1994)
 

U.S. v. AN UNDETERMINED NO. OF DEFENDANTS

Civ. A. No. 91-2412-JWL.

869 F.Supp. 906 (1994)

UNITED STATES of America, Plaintiff, v. AN UNDETERMINED NUMBER OF DEFENDANTS, et al., Defendants.

United States District Court, D. Kansas.

November 23, 1994.

Attorney(s) appearing for the Case

Robert A. Olsen, Office of U.S. Atty., Kansas City, KS, for plaintiff U.S.

John C. Monica, Shook, Hardy & Bacon, Kansas City, MO, Ronald L. Bodinson, Timothy M. O'Brien, Shook, Hardy & Bacon, Overland Park, KS, Donald E. Segal, Bruce F. Mackler, Baker & Hostettler, Washington, DC, for Clinical Reference Laboratory, Inc., et al.

MEMORANDUM AND ORDER

LUNGSTRUM, District Judge.

In this case, claimant Clinical Reference Laboratory (CRL) prevailed before the Tenth Circuit on its contention that the specimen containers used by it to test for the Human Immunodeficiency Virus Type-1 (HIV-1) were not class III devices requiring premarket approval under the Federal Food, Drug, and Cosmetic Act (FDCA). This matter is presently before the Court on CRL's motion under the Equal Access...

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