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ANIMAL HEALTH INSTITUTE v. UNITED STATES, ETC.

Civ. A. No. 78-K-796.

487 F.Supp. 376 (1980)

ANIMAL HEALTH INSTITUTE and Colorado Serum Company, Plaintiffs, v. UNITED STATES DEPARTMENT OF AGRICULTURE, The Honorable Bob Bergland, Secretary, Department of Agriculture, The Honorable P. R. Smith, Assistant Secretary for Marketing Services, F. J. Mulhern, D.V.M., Administrator of the Animal and Plant Health Inspection Service, Department of Agriculture, Defendants, and American Association of Intrastate Biological Laboratories, Intervenor Defendant.

United States District Court, D. Colorado.

March 10, 1980.

Attorney(s) appearing for the Case

Thomas D. Smart, Jr., Denver, Colo., Eugene I. Lambert, Washington, D. C., for plaintiffs.

Brian G. Kennedy, C. Max Vassanelli, U. S. Attys., Dept. of Justice, Washington, D. C., for defendants.

Syril I. Shraiberg, Denver, Colo., George T. Qualley, Omaha, Neb., for intervenor.

MEMORANDUM OPINION AND ORDER

KANE, District Judge.

On August 7, 1978, plaintiffs, Animal Health Institute and Colorado Serum Company filed a complaint charging that defendants have established and continue to pursue a policy of not enforcing the provisions of the Virus-Serum-Toxin Act, 21 U.S.C. §§ 151-158, against unlicensed producers of veterinary biological drug products. Plaintiffs seek a declaratory judgment construing the provisions of 21...

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