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PAC. LEGAL FOUNDATION v. GOYAN

No. 80-1854.

664 F.2d 1221 (1981)

PACIFIC LEGAL FOUNDATION, Appellant, v. Jere E. GOYAN, in his official capacity as Commissioner of the Food and Drug Administration, Appellee. Public Citizen Litigation Group, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided November 27, 1981.

Attorney(s) appearing for the Case

Eileen B. White, Washington, D. C. (Raymond M. Momboisse, Pac. Legal Foundation, Washington, D. C., Ronald A. Zumbrun, Pac. Legal Foundation, Sacramento, Cal., on brief), for appellant.

Bruce N. Bagni, Civ. Div., Dept. of Justice, Washington, D. C. (Thomas S. Martin, Acting Asst. Atty. Gen., Washington, D. C., Russell T. Baker, Jr., U. S. Atty., Baltimore, Md. Leonard Schaitman, Civ. Div., Dept. of Justice, Washington, D. C., on brief), for appellee.

Frederic Townsend, Alan B. Morrison, Washington, D. C., on brief for amicus curiae Public Citizen.

Before WIDENER and MURNAGHAN, Circuit Judges, and BRITT, District Judge.

BRITT, District Judge.

Plaintiff, a non-profit corporation, filed this action on 3 December 1979 in the District Court of Maryland, seeking declaratory and injunctive relief prohibiting implementation of a regulation of the Food and Drug Administration (FDA). The regulation was established to provide "payment from agency funds of reimbursement for reasonable attorneys' fees, expert witness fees, the expenses of clerical services, travel, studies, demonstrations, and...

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