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WOHLER LIVESTOCK CO., INC. v. HARRIS

Civ. A. No. 6-79-34.

487 F.Supp. 1 (1980)

WOHLER LIVESTOCK COMPANY, INC., d/b/a Wohler Livestock Products and Texas Vet Lab, Inc., Plaintiffs, v. Patricia HARRIS, Secretary of Health, Education, and Welfare, Defendant.

United States District Court, N. D. Texas, San Angelo Division.

Filed February 15, 1980.

Attorney(s) appearing for the Case

James A. Walters, Walters & Associates, Lubbock, Tex., Charles L. Dorothy, Qualley, Larson & Jones, Sioux Falls, S. D., for plaintiffs.

Kenneth J. Mighell, U. S. Atty., Dallas, Tex., Bob D. Slough, Asst. U. S. Atty., Lubbock, Tex., for defendant.

MEMORANDUM

WOODWARD, Chief Judge.

On the 8th day of February, 1980, a hearing was held in Lubbock, Texas at which the court considered the defendant's motion to dismiss and alternative motion for summary judgment. All parties were represented by counsel who presented their arguments to the court.

This action arises out of the plaintiffs' complaint that the Food and Drug Administration (FDA) is attempting to exceed its jurisdiction in the regulation...

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