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BARR LABORATORIES, INC. v. THOMPSON

No. CIV.A. 02-1867(EGS).

238 F.Supp.2d 236 (2002)

BARR LABORATORIES, INC., Plaintiff, v. Tommy G. THOMPSON, et al., Defendants.

United States District Court, District of Columbia.

December 18, 2002.

Attorney(s) appearing for the Case

Andrew E. Clark, Esquire, Office of Consumer Litigation, United States Department of Justice, Washington, DC.

Gordon A. Coffee, Esquire, Winston & Strawn, Washington, DC.

Kurt L. Schultz, Esquire, Christine J. Siwik, Esquire, Emily C. Singley, Esquire, Winston & Strawn, Chicago, IL.

Mark Lynch, Esquire, Covington & Burling, Washington, DC.

MEMORANDUM OPINION

SULLIVAN, District Judge.

Plaintiff, Barr Laboratories, Inc. ("Barr Labs" or "Barr"), commenced this action against the Secretary of Health and Human Services (Tommy Thompson), the Deputy Commissioner of Food and Drugs (Lester Crawford), and the U.S. Food and Drug Administration ("FDA")to enjoin the FDA from refusing to recognize plaintiff's Abbreviated New Drug Application ("ANDA") as finally approved on April 1, 1987, and as effective...

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