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PUBLIC CITIZEN HEALTH RESEARCH GROUP v. F.D.A.

Nos. 98-5161, 98-5162.

185 F.3d 898 (1999)

PUBLIC CITIZEN HEALTH RESEARCH GROUP, Appellee, v. FOOD & DRUG ADMINISTRATION, Appellant in 98-5161. Schering Corporation, Appellant in 98-5162.

United States Court of Appeals, District of Columbia Circuit.

Decided August 6, 1999.

Attorney(s) appearing for the Case

Marina Utgoff Braswell, Assistant U.S. Attorney, argued the cause for appellant Food & Drug Administration. With her on the briefs were Wilma A. Lewis, U.S. Attorney, and R. Craig Lawrence, Assistant U.S. Attorney.

Bruce N. Kuhlik argued the cause and filed the briefs for appellant Schering Corporation.

Amanda Frost argued the cause for appellee. With her on the brief was Brian Wolfman. Lucinda A. Sikes entered an appearance.

Marjorie E. Powell was on the brief for amicus curiae Pharmaceutical Research and Manufacturers of America.

Before: GINSBURG, HENDERSON, and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge GINSBURG.

Opinion concurring in the result filed by Circuit Judge GARLAND.

GINSBURG, Circuit Judge:

Pursuant to the Freedom of Information Act, the Public Citizen Health Research Group asked the Food and Drug Administration for documents relating to drug applications that had been abandoned for health or safety reasons. The FDA denied this request and Public Citizen sued the agency in district court, where...

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