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AMERICAN THERAPEUTICS, INC. v. SULLIVAN

Civ. A. No. 89-2343.

755 F.Supp. 1 (1990)

AMERICAN THERAPEUTICS, INC., Plaintiff, v. Louis W. SULLIVAN, Secretary of Department of Health and Human Services; Frank E. Young, Commissioner of Foods and Drugs; U.S. Food and Drug Administration, Defendants.

United States District Court, District of Columbia.

February 28, 1990.

Attorney(s) appearing for the Case

David F. Weeda, Arthur Y. Tsien, Washington, D.C. (Paul S. Aufrichtig, Peter D. Aufrichtig, New York City, of counsel), for plaintiff.

Gerald C. Kell, U.S. Dept. of Justice, Washington, D.C., for defendants.

MEMORANDUM

GESELL, District Judge.

American Therapeutics, Inc. ("ATI"), a manufacturer of generic drugs, sues the Food and Drug Administration ("FDA") alleging that FDA has by ultra vires action illegally rescinded its approval of ATI's right to make and sell a new drug. ATI has moved for judgment on the pleadings. FDA opposes, defending its authority to rescind. Agreeing with ATI that essential facts are not in dispute, FDA requests that the action...

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