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ALPHARMA, INC. v. LEAVITT

No. 05-5137.

460 F.3d 1 (2006)

ALPHARMA, INC., Appellant v. Michael O. LEAVITT, Secretary, Health and Human Services, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided August 11, 2006.

Attorney(s) appearing for the Case

Douglas J. Behr argued the cause for appellant. With him on the briefs was John B. Dubeck.

Suzette A. Smikle, Attorney, U.S. Department of Justice, argued the cause for appellees. With her on the brief were Peter D. Keisler, Assistant Attorney General, Eugene M. Thirolf, Director, and Drake Cutini, Attorney.

Before: GARLAND, Circuit Judge, and SILBERMAN and WILLIAMS, Senior Circuit Judges.

Opinion for the court filed by Circuit Judge GARLAND.

Opinion concurring in part and dissenting in part filed by Senior Circuit Judge WILLIAMS.

GARLAND, Circuit Judge.

This is the second time we have heard an appeal in this matter. In our first opinion, we concluded that the Food and Drug Administration (FDA) had failed to adequately explain why it granted Philips Roxane, Inc.'s "new animal drug application...

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