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BAKER NORTON PHARM. v. U.S. FOOD & DRUG ADMIN.

No. CIV. A. 98-927 SSH.

132 F.Supp.2d 30 (2001)

BAKER NORTON PHARMACEUTICALS, INC., Plaintiff, v. UNITED STATES FOOD AND DRUG ADMINISTRATION, Bernard A. Schwetz, Acting Principal Deputy Commissioner, and Tommy G. Thompson, Secretary, United States Department of Health and Human Services, Defendants, and Bristol-Myers Squibb Co., Defendant-Intervenor.

United States District Court, District of Columbia.

February 6, 2001.

Attorney(s) appearing for the Case

Richard M. Cooper, Paul K. Dueffert, Williams & Connolly, Washington, DC, for Plaintiffs.

AUSA Meredith Manning, U.S. Attorney's Office, Washington, DC, for Defendants.

Michael B. Waitzkin, Fox Kiser, Washington, DC, for Defendant-Intervenor.

OPINION

STANLEY S. HARRIS, District Judge.

This case involves three groups: plaintiff Baker Norton, defendants Food and Drug Administration ("FDA") and two government officials (collectively "the FDA defendants"), and defendant-intervenor Bristol-Myers Squibb ("BMS"). Before the Court are three motions for summary judgment, submitted by each of the three groups. The Court held a hearing on these motions. Upon careful consideration of the entire record...

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