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GENENDO PHARMACEUTICAL N.V. v. THOMPSON

No. 03 C 5861.

308 F.Supp.2d 881 (2003)

GENENDO PHARMACEUTICAL N.V., a Netherlands Antilles company, and Phil and Kathy's, Inc., an Illinois corporation, Plaintiff, v. Tommy THOMPSON, in his official capacity of Secretary, United States Department of Health and Human Services, and Mark B. McClelland, M.D., Ph.D., in his capacity as Commissioner of Food and Drugs, Defendants.

United States District Court, N.D. Illinois, Eastern Division.

December 29, 2003.

Attorney(s) appearing for the Case

Howard M. Hoffmann, Frederick R. Ball, Richard Patrick Darke, Duane Morris LLP, Chicago, IL, Ernest K. Koehler, Attorney at Law, Chicago, IL, for Plaintiffs.

Donald R. Lorenzen, United States Attorney's Office, Chicago, IL, Marc L. Caden, Associate Chief Counsel for Enforcement Food and Drug Administration, Rockville, MD, Andrew Clerk, Trial Attorney, Office of Consumer Litigation, Department of Justice, Washington, DC, for Defendants.

MEMORANDUM, OPINION AND ORDER

ANDERSEN, District Judge.

This case is before the Court on the motion of the defendants, Tommy Thompson in his capacity as Secretary of the United States Department of Health and Human Services, and Mark McClelland in his capacity as Commissioner of the Food and Drug Administration ("Defendants") to dismiss plaintiffs' Genendo Pharmaceutical and Phil and Kathy's Inc. ("Plaintiffs") complaint pursuant to Fed.R.Civ.P. 12...

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