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TEICH v. FOOD AND DRUG ADMIN.

Civ. A. No. 89-0391.

732 F.Supp. 17 (1990)

Douglas L. TEICH, M.D., Plaintiff, v. FOOD AND DRUG ADMINISTRATION, Defendant, and Dow Corning Corporation, Intervenor-Defendant and Cross-Claim Plaintiff.

United States District Court, District of Columbia.

March 13, 1990.

Attorney(s) appearing for the Case

Katherine A. Meyer, Harmon, Curran & Tousley and Eleanor H. Smith and Alan B. Morrison, Public Citizen Litigation Group, Washington, D.C., for plaintiff Douglas L. Teich, M.D.

Melanie Ann Pustay, Atty. Advisor, Office of Information and Privacy, U.S. Dept. of Justice, Washington, D.C., for defendant FDA.

Burt A. Braverman, Cole, Raywid & Braverman and Edward M. Basile, King & Spalding, Washington, D.C., for intervenor-defendant and cross-claim plaintiff Dow Corning Corp.

MEMORANDUM OPINION

SPORKIN, District Judge.

This case involves the applicability of Exemption 4 of the Freedom of Information Act ("FOIA") to animal studies concerning the safety of silicone gel breast implants submitted by Dow Corning Corporation ("Dow") to the Food and Drug Administration ("FDA"). See 5 U.S.C. § 552(a)(4)(B). Both Dow and the FDA contend that the animal studies constitute "confidential" commercial information under Exemption...

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