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NATIONAL COUNCIL FOR IMPROVED HEALTH v. SHALALA

Civ. No. 94-C-509G.

893 F.Supp. 1512 (1995)

NATIONAL COUNCIL FOR IMPROVED HEALTH, Stanley Malstrom, and Clive J. Buchanan, Plaintiffs, v. Donna SHALALA, U.S. Department of Health and Human Services, and David Kessler, U.S. Food and Drug Administration, Defendants.

United States District Court, D. Utah, Central Division.

June 30, 1995.

Attorney(s) appearing for the Case

M. Richard Walker, M. Richard Walker & Associates, P.C., Salt Lake City, UT, Kirkpatrick W. Dilling, Dilling and Dilling, Chicago, IL, for plaintiffs.

Stephen J. Sorenson, Asst. U.S. Atty., Salt Lake City, UT, Susan L. Strawn (argued), Douglas Ross, Office of Consumer Lit., U.S. Dept. of Justice, Washington, DC, Louisa T. Nickerson, Assoc. Chief Counsel for Foods, Food and Drug Admin., Rockville, MD, for defendants.

MEMORANDUM DECISION AND ORDER

J. THOMAS GREENE, District Judge.

This matter came before the Court on defendants' motion to dismiss plaintiffs' Second Amended Complaint. Kirkpatrick W. Dilling and M. Richard Walker appeared for the plaintiffs; Steven J. Sorenson and Susan Strahm represented the defendants. The parties filed extensive memoranda and supporting materials, after which the Court heard oral argument...

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