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MOVA PHARMACEUTICAL CORP. v. SHALALA

Civil Action No. 96-2861 (JR).

955 F.Supp. 128 (1997)

MOVA PHARMACEUTICAL CORP., Plaintiff, v. Donna SHALALA, Secretary, U.S. Department of Health and Human Services, et al., Defendants, Mylan Pharmaceuticals Inc., Intervenor.

United States District Court, District of Columbia.

January 23, 1997.

Attorney(s) appearing for the Case

Ronald L. Grudziecki, Burns, Doane, Swecker & Mathis, Alexandria, VA, and James S. Rubin, West New York, NJ, for Plaintiff.

Drake Cutini, Office of Consumer Litigation, U.S. Department of Justice, Washington, DC, for Defendants.

E. Anthony Figg, Steven Lieberman, and Michael G. Sullivan, Rothwell, Figg, Ernst & Kurz, Washington, DC, for Intervenor.

MEMORANDUM

ROBERTSON, District Judge.

Mova Pharmaceutical Corp. sues to compel the Food and Drug Administration ("FDA") to withdraw or change the effective date of its December 19, 1996 approval of an Abbreviated New Drug Application ("ANDA") submitted by Mylan Pharmaceuticals Inc. Mova's motion for preliminary injunction was heard on an expedited basis after its application for a temporary restraining order was denied on December 26, 1996.

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