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BAILEY v. JOHNSON

No. 93-6343.

48 F.3d 965 (1995)

Mary Ruth BAILEY, Personal Representative of the Estate of Howard A. Bailey; Ruby H. Bailey; James Howard Bailey, Plaintiffs-Appellees, v. Dan JOHNSON; Charles W. Chadwell; William R. Stanifer, Jr.; Dr. William N. Smith; Cunningham Drug Company, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided March 6, 1995.

Attorney(s) appearing for the Case

J. Mikel Dixon (argued and briefed), Knoxville, TN, for plaintiffs-appellees.

Jay Arthur Garrison (argued and briefed), Kennerly, Montgomery & Finley, Knoxville, TN, for defendants-appellants.

Before: ENGEL, MARTIN, and BOGGS, Circuit Judges.

ENGEL, Circuit Judge.

This case squarely presents a question which this circuit has in the past left undecided: whether the federal Food, Drug & Cosmetic Act ("FDCA"), 21 U.S.C. § 301 et seq., impliedly provides a private cause of action for individuals harmed by violation of the FDCA. The defendants bring this interlocutory appeal of the district court's denial of their motion to dismiss for lack of federal jurisdiction. Because we conclude that Congress...

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