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AMP INCORPORATED v. GARDNER

No. 67 Civ. 2115.

275 F.Supp. 410 (1967)

AMP INCORPORATED, Plaintiff, v. John W. GARDNER, Secretary of Health, Education and Welfare, and James L. Goddard, Commissioner of Food and Drugs, Defendants.

United States District Court S. D. New York.

September 29, 1967.

Attorney(s) appearing for the Case

Curtis, Morris & Safford, New York City, for plaintiff. Jay Louis Seitchik, Harrisburg, Pa., of counsel.

Robert M. Morgenthau, U. S. Atty. for the Southern District of New York, New York City, for defendants. James G. Greilsheimer, New York City, of counsel.

OPINION

TENNEY, District Judge.

The principal question presented to the Court in this declaratory judgment action is whether certain items manufactured by plaintiff are "drugs" or "devices" within the meaning of the Federal Food, Drug, and Cosmetic Act, 52 Stat. 1040 (1938), 21 U.S.C. §§ 301-392 (1964). Plaintiff manufacturer and defendants, the Secretary of Health, Education and Welfare, and the Commissioner of Food and Drugs, have each moved...

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