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DUROVIC v. RICHARDSON

No. 69 C 32.

327 F.Supp. 386 (1971)

Marko DUROVIC, an individual, et al., Plaintiffs, v. Elliott RICHARDSON, Secretary of Health, Education, and Welfare and Charles C. Edwards, Commissioner of Food and Drugs, Defendants.

United States District Court, N. D. Illinois, E. D.

May 18, 1971.

Attorney(s) appearing for the Case

James L. Griffin and John F. Sembower, Chicago, Ill., Solomon H. Friend, New York City, for plaintiffs.

William J. Bauer, U. S. Atty., and J. C. Murray, Asst. U. S. Atty., Chicago, Ill., William W. Goodrich, Asst. General Counsel, and Jeffrey Springer, Atty., Food, Drug and Environmental Division of HEW, for defendants.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

FINDINGS OF FACT

PERRY, District Judge.

1. Plaintiffs filed a Complaint for Declaratory Judgment pursuant to Title 28, United States Code, Sections 1337 and 2201 seeking to have this Court determine that their drug Krebiozen is not a new drug within the meaning of the Federal Food, Drug, and Cosmetic Act and is exempt from complying with the new drug provisions of the Act by virtue of the grandfather clause...

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