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AMERICAN BIOSCIENCE v. THOMPSON

No. 00-5350.

243 F.3d 579 (2001)

AMERICAN BIOSCIENCE, INC., Appellant, v. Tommy G. THOMPSON, Secretary of Health and Human Services, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided March 30, 2001.

Attorney(s) appearing for the Case

Joseph F. Coyne, Jr. argued the cause for appellant. With him on the briefs were Carlton A. Varner, Robert F. Green, Arthur Y. Tsien, David F. Weeda and Jacqueline H. Eagle. David L. Durkin entered an appearance.

Howard S. Scher, Attorney, U.S. Department of Justice, argued the cause for federal appellees. With him on the brief were David W. Ogden, Assistant Attorney General, Douglas N. Letter, Attorney, Wilma A. Lewis, U.S. Attorney, and Annamarie Kempic, Counsel, Food and Drug Administration.

Philip A. Sechler argued the cause for appellees Baker Norton Pharmaceuticals, Inc. and Zenith Goldline Pharmaceuticals, Inc. With him on the brief was Richard M. Cooper.

Before: EDWARDS, Chief Judge, SENTELLE and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

This appeal from the district court's judgment denying a preliminary injunction against the Food and Drug Administration requires us to consider once again the Supreme Court's opinion in Citizens to Preserve Overton Park v. Volpe, 401 U.S. 402, 91 S.Ct. 814, 28 L.Ed.2d 136 (1971). Although...

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