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TAKHAR v. KESSLER

No. 94-15605.

76 F.3d 995 (1996)

Santokh TAKHAR, D.V.M., Plaintiff-Appellant, v. David A. KESSLER, M.D., individually and in his capacity as Commissioner of Food and Drug, Department of Health and Human Services, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 12, 1996.

Attorney(s) appearing for the Case

George A. McKray, San Francisco, California, for plaintiff-appellant.

Patricia J. Kenney, Assistant United States Attorney, San Francisco, California, for defendants-appellees.

Before: SCHROEDER, FLETCHER and RYMER, Circuit Judges.

OPINION

FLETCHER, Circuit Judge:

Santokh Takhar, a California-licensed veterinarian with a large-animal practice, challenges two Food and Drug Administration (FDA) Compliance Policy Guides (CPG) as exceeding the agency's statutory mandate by regulating veterinarians' extra-label drug use. He claims they contravene Congressional intent to exempt the practice of veterinary medicine from the Food, Drug and Cosmetic Act (FDCA). He also challenges the CPGs as...

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