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MONTGOMERY COUNTY, MARYLAND v. MIKE LEAVITT

Civil Action No. AW-06-477.

445 F.Supp.2d 505 (2006)

MONTGOMERY COUNTY, MARYLAND, Plaintiff, v. MIKE LEAVITT, et al., Defendants.

United States District Court, D. Maryland, Southern Division.

August 22, 2006.

Attorney(s) appearing for the Case

Charles Wellington Thompson, Jr., Edward Barry Lattner, Marc Pemble Hansen, Nancy Susan Appel, Office of the County Attorney, for Montgomery County MD, Rockville, MD, for Plaintiff.

Alan James Phelps, United States Department of Justice Office of Consumer Litigation, Washington, DC, for Defendants.

MEMORANDUM OPINION

WILLIAMS, District Judge.

This action involves a suit by Montgomery County, Maryland ("County" or "Plaintiff') against Mike Leavitt ("Leavitt"), Secretary of Health and Human Resources, and Andrew C. von Eschenbach ("Eschenbach"), Acting Commissioner of the United States Food and Drug Administration (collectively, "Defendants"). The Complaint alleges that Defendants acted arbitrarily, capriciously, and abused their discretion, and...

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