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AMERICAN PHARMACEUTICAL ASSOCIATION v. WEINBERGER

Civ. A. No. 1485-73.

377 F.Supp. 824 (1974)

AMERICAN PHARMACEUTICAL ASSOCIATION et al., Plaintiffs, v. Caspar W. WEINBERGER et al., Defendants.

United States District Court, District of Columbia.

June 6, 1974.

Attorney(s) appearing for the Case

Arthur B. Hanson and Joel E. Hoffman, Washington, D. C. (W. Frank Stickle, Jr., Hanson, O'Brien, Birney, Stickle & Butler; Selma M. Levine and Mark Schattner, Wald, Harkrader & Ross on the briefs), Washington, D. C., for plaintiffs.

Peter Barton Hutt, Asst. Gen. Counsel Food and Drug Division, Dept. of Health, Education, and Welfare (Earl J. Silbert, U. S. Atty., Arnold T. Aikens and Eric B. Marcy, Asst. U. S. Attys., Jeffrey B. Springer, Howard M. Holstein, Alan R. Bennett, Attys., Office of Gen. Counsel, Food and Drug Division, Dept. of Health, Education, and Welfare on the briefs), for defendants.

OPINION AND ORDER

JOHN H. PRATT, District Judge.

This is an action for judicial review of a regulation of the Food and Drug Administration (FDA) which restricts the distribution of methadone to certain specified outlets as set forth in the regulation. In effect, it prohibits virtually all licensed pharmacies from dispensing this drug when lawfully prescribed by a physician, despite the fact that methadone was invented and was first used as a safe, useful...

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