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BECTON, DICKINSON & CO. v. FOOD & DRUG ADMIN.

Nos. 77-CV-181, 77-CV-337 and Misc. No. 112.

448 F.Supp. 776 (1978)

BECTON, DICKINSON AND COMPANY, Plaintiff, v. FOOD AND DRUG ADMINISTRATION, Donald Kennedy, Commissioner of Food and Drugs, and William C. Lubas and Richard N. James, Investigators, Food and Drug Administration, Defendants. UNITED STATES of America, Plaintiff, v. BECTON, DICKINSON AND COMPANY, a corporation, doing business as Bard-Parker Division of Becton, Dickinson and Company and Wesley J. Howe, William L. Clark, James A. Levy and Kenneth J. Summa, Individuals, Defendants. In the Matter of Establishment Inspection of BARD-PARKER, DIVISION OF BECTON, DICKINSON AND COMPANY.

United States District Court, N. D. New York.

April 11, 1978.

Attorney(s) appearing for the Case

Bond, Schoeneck & King, Syracuse, N. Y., for Becton, Dickinson and Company, Wesley J. Howe, William L. Clark, James A. Levy and Kenneth J. Summa; Charles T. Beeching, Jr., Henry H. Melchor, Roy Weber, Syracuse, N. Y., Becton, Dickinson and Company, Geoffrey R. W. Smith, Covington & Burling, Washington, D. C., of counsel.

Paul V. French, U. S. Atty., Syracuse, N. Y., for United States of America, Food and Drug Administration, Donald Kennedy, William C. Lubas, and Richard N. James; John J. McCann, Asst. U. S. Atty., Syracuse, N. Y., Stephen H. McNamara, Acting Chief Counsel, Kenneth C. Baumgartner, Associate Chief Counsel for Enforcement, Michael R. Taylor, Food and Drug Administration, Rockville, Md., of counsel.

MEMORANDUM-DECISION AND ORDER

MUNSON, District Judge.

These three companion cases arise out of a central set of simple, undisputed facts. On April 26, 1977, Food and Drug Administration (FDA) Inspectors William C. Lubas and Richard N. James commenced a routine, four-day inspection of the Hancock, New York, manufacturing facility operated by the Bard-Parker Division of Becton, Dickinson & Company. During the inspection, Lubas and James asked to view production...

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