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RUTHERFORD v. UNITED STATES

No. CIV-75-0218-B.

399 F.Supp. 1208 (1975)

Glen L. RUTHERFORD, Plaintiff, Intervenor, and Jimmie Stowe and Gene Schneider, Individually and on behalf of a class composed of cancer victims and their spouses, who are responsible for the costs of treatment, Original Plaintiffs, v. UNITED STATES of America and Caspar Weinberger, Secretary of Health, Education and Welfare, Defendants.

United States District Court, W. D. Oklahoma.

As Amended October 10, 1975.

Attorney(s) appearing for the Case

Clyde J. Watts of Watts, Looney, Nichols, Johnson & Hayes, Oklahoma City, Okl., for plaintiffs.

J. H. Geller, Associate Chief Counsel for Enforcement, Food and Drug Administration, Los Angeles, Cal., and William R. Burkett, U. S. Atty., by William S. Price, Asst. U. S. Atty., Oklahoma City, Okl., for defendants.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

BOHANON, District Judge.

The case was called and the parties announced ready for trial on plaintiff's Amended Complaint insofar as it pertains to a temporary injunction, plaintiff praying that this Court order and direct the Secretary of Health, Education and Welfare (HEW), of which the Federal Drug Administration (FDA) is a branch, to desist from precluding the administration...

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