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HENLEY v. FOOD AND DRUG ADMIN.

No. 262, Docket 95-6034.

77 F.3d 616 (1996)

Elizabeth L. HENLEY, Plaintiff-Appellant, v. FOOD AND DRUG ADMINISTRATION, Department of Health and Human Services; Kessler, Dr., Commissioner of Food and Drug; United States, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 22, 1996.

Attorney(s) appearing for the Case

Elizabeth L. Henley, pro se.

Douglas Ross, Attorney, Office of Consumer Litigation, Civil Division, United States Department of Justice, Washington, DC (Frank W. Hunger, Assistant Attorney General, Washington, DC; Zachary W. Carter, United States Attorney, Eastern District of New York, Brooklyn, NY; Margaret Jane Porter, Chief Counsel, Karen E. Schifter, Assistant Chief Counsel, United States Food and Drug Administration, Rockville, MD, of counsel), for Defendants-Appellees.

Before: OAKES, McLAUGHLIN, and LEVAL, Circuit Judges.

McLAUGHLIN, Circuit Judge:

Elizabeth Henley, an attorney pro se, appeals from a summary judgment of the United States District Court for the Eastern District of New York (Arthur D. Spatt, Judge), upholding the United States Food and Drug Administration's ("FDA") denial of her citizen petition. Henley v. FDA, 873 F.Supp. 776 (E.D.N.Y.1995). On appeal, Henley argues that the FDA's decision was arbitrary, capricious...

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