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LEO WINTER, ETC. v. DEPARTMENT OF HEALTH, ETC.

Civ. A. No. 80-1335.

497 F.Supp. 429 (1980)

LEO WINTER ASSOCIATES, INC., Plaintiff, v. DEPARTMENT OF HEALTH & HUMAN SERVICES, et al., Defendants.

United States District Court, District of Columbia.

September 9, 1980.

Attorney(s) appearing for the Case

James F. Tolan, Frank W. Gaines, Jr., Olwine, Connelly, Chase, O'Donnel & Weyher, Washington, D. C., for plaintiff.

Patricia J. Kenney, Asst. U. S. Atty., Washington, D. C., for defendants.

MEMORANDUM OPINION

AUBREY E. ROBINSON, Jr., District Judge.

Before the Court is Defendants' Motion to Dismiss or for Summary Judgment in the above captioned case. Because the Court has considered the entire record herein, this Motion is treated as a Motion for Summary Judgment.

The facts of the case may be succinctly stated as follows:

Defendant Food and Drug Administration (FDA) has the responsibility for assuring the safety and effectiveness...

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