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PRIVATE MEDICAL CARE FOUNDATION, INC. v. CALIFANO

No. CIV-77-0728-D.

451 F.Supp. 450 (1977)

PRIVATE MEDICAL CARE FOUNDATION, INC., a corporation, Congress of County Medical Societies, Inc., a corporation, Pottawatomie County Medical Society, Inc., a corporation, Oklahoma State Medical Association and Francis A. Davis, M.D., Plaintiffs, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education & Welfare, Donald Kennedy, Commissioner of the Food & Drug Administration and J. Richard Crout, Director, Bureau of Drugs, Defendants.

United States District Court, W. D. Oklahoma.

October 14, 1977.

Attorney(s) appearing for the Case

Roy J. Davis, Don G. Holladay, Oklahoma City, Okl., for plaintiffs.

John E. Green, Acting U. S. Atty., by Ronny D. Pyle, Asst. U. S. Atty., Oklahoma City, Okl., Jeffrey B. Springer, Deputy Chief Counsel, Michael P. Peskoe, Associate Chief Counsel, Donald O. Beers, Asst. Chief Counsel, FDA, Department of HEW, Rockville, Md., for defendants.

ORDER

DAUGHERTY, Chief Judge.

In this action, the Plaintiffs seek declaratory and injunctive relief with respect to a final regulation promulgated by the Commissioner of the Food and Drug Administration. The Defendants herein are Joseph A. Califano, Jr., the Secretary of Health, Education & Welfare; Donald Kennedy, the Commissioner of the Food & Drug Administration; and J. Richard Crout, the Director of the Bureau of Drugs. The regulation involved...

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