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TUMMINO v. VON ESCHENBACH

No. CV 05-366 ERK/VVP.

427 F.Supp.2d 212 (2006)

Annie TUMMINO, et al., Plaintiffs, v. Andrew C. VON ESCHENBACH, in his official capacity as Acting Commissioner of the Food and Drug Administration, Defendant.

United States District Court, E.D. New York.

February 24, 2006.

Attorney(s) appearing for the Case

Andrea H. Costello, Shelbi D. Day, Southern Legal Counsel, Inc., Gainsville, FL, Simon Heller, Galen Leigh Sherwin, Nan E. Strauss, Sanford Cohen, New York, NY, for Plaintiffs.

F. Franklin Amanat, Steven Michael Warshawsky, United States Attorneys Office, Brooklyn, NY, for Defendant.

DECISION AND ORDER

POHORELSKY, United States Magistrate Judge.

The plaintiffs in this action seek judicial review, under the Administrative Procedure Act ("APA"), see 5 U.S.C. § 706, and the United States Constitution, of the actions taken by the Food and Drug Administration (the "FDA") with respect to certain applications requesting the approval of over-the-counter access for Plan B, an emergency contraceptive drug commonly known as the...

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