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FRANK v. U.S. FOOD AND DRUG ADMIN.

Case No. 13-CV-10285.

998 F.Supp.2d 596 (2014)

Michael FRANK, Theresa Frank, and James Frank, Plaintiffs, v. UNITED STATES FOOD AND DRUG ADMINISTRATION, Kathleen Sebelius, in her official capacity as Secretary of the United States Department of Health and Human Services, Glenn T. Bass, in his official capacity as Detroit District Director for the United States Food and Drug Administration, and Margaret A. Hamburg, in her official capacity as Commissioner of Food and Drugs for the United States Food and Drug Administration, Defendants.

United States District Court, E.D. Michigan, Southern Division.

Signed February 26, 2014.

Attorney(s) appearing for the Case

Steven D. Brock , Vernon R. Johnson , Johnson Law, PLC, Detroit, MI, for Plaintiff.

Laura A. Sagolla , U.S. Attorney's Office, Detroit, MI, for Defendant.

Cynthia E. Merry , Merry, Farnen, St. Clair Shores, MI, Charles D. Miller , Garan Lucow , Detroit, MI, for Movant.

AMENDED ORDER GRANTING DEFENDANTS' MOTION TO DISMISS (document no. 5)

STEPHEN J. MURPHY, III, District Judge.

This is a case wherein plaintiffs James Frank, Theresa Frank, and Michael Frank seek review of a decision of the United States Food and Drug Administration ("FDA") pursuant to the Administrative Procedure Act ("APA"), 5 U.S.C. § 704. The action is actually the by-product of a tort case that the Franks brought in Michigan...

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