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BRISTOL-MYERS SQUIBB CO. v. SHALALA

Civ. A. No. 94-2726 SSH.

892 F.Supp. 295 (1995)

BRISTOL-MYERS SQUIBB COMPANY, Plaintiff, v. Donna E. SHALALA, Secretary of Health and Human Services, David A. Kessler, Commissioner of Food and Drugs, Defendants.

United States District Court, District of Columbia.

July 21, 1995.

Attorney(s) appearing for the Case

Terry S. Coleman, Fox, Bennett & Turner, Washington, DC, for plaintiff.

Jacqueline Helin Eagle, U.S. Dept. of Justice, Office of Consumer Litigation, Washington, DC, David M. Fox, Asst. Chief Counsel for Enforcement, U.S. Food and Drug Admin., Rockville, MD, for defendants.

OPINION

STANLEY S. HARRIS, District Judge.

This matter is before the Court on plaintiff's motion for summary judgment, and defendants' motion to dismiss or, in the alternative, for summary judgment. Upon consideration of the motions, the Court grants defendants' motion to dismiss.

For purposes of a motion to dismiss, "the Court accepts as true all material allegations of the complaint." United Transp. Union v. Interstate Commerce Comm'n...

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