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ETHICON, INC. v. FOOD AND DRUG ADMIN.

Civ. A. No. 90-1797 (JHG).

762 F.Supp. 382 (1991)

ETHICON, INC., Plaintiff, v. FOOD AND DRUG ADMINISTRATION and Louis W. Sullivan, M.D., Secretary, Department of Health and Human Services, Defendants, and United States Surgical Corporation, Defendant-Intervenor.

United States District Court, District of Columbia.

April 11, 1991.

Attorney(s) appearing for the Case

Max O. Truitt, Daniel Marcus, Randolph P. Moss, Wilmer, Cutler & Pickering, Washington, D.C., for plaintiff.

Michael T. Ambrosino, Asst. U.S. Atty., Mark Heller and Lucy Russell, Attys., FDA, Rockville, Md., for defendants.

Sanford M. Litvack, Anthony J. Viola, Dewey, Ballantine, Bushby, Palmer & Wood, New York City, for defendant-intervenor.

AMENDED MEMORANDUM OPINION AND ORDER

JOYCE HENS GREEN, District Judge.

Pending before the Court are the cross-motions of the parties for summary judgment. On consideration of the pleadings, the administrative record, and the oral hearing held on this matter, and for the reasons set forth below, defendants' and defendant-intervenor's motions are granted and plaintiff's motion is denied.

I. BACKGROUND

Plaintiff Ethicon, Inc. manufactures...

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