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PUBLIC CITIZEN HEALTH RESEARCH v. FOOD AND DRUG

Civil Action No. 96-1650 (JR).

964 F.Supp. 413 (1997)

PUBLIC CITIZEN HEALTH RESEARCH GROUP, Plaintiff, v. FOOD AND DRUG ADMINISTRATION, Defendant.

United States District Court, District of Columbia.

February 25, 1997.

Attorney(s) appearing for the Case

Lucinda A. Sikes, Allison Zieve, Public Citizen Litigation Group, Washington, DC, for Plaintiff.

Suzanne C. Nyland, Assistant U.S. Attorney, Washington, DC, for Defendant.

Terry S. Coleman, Fox, Bennett & Turner, Washington, DC, for Intervenor-Defendant Bristol-Meyers Squibb Company.

MEMORANDUM

ROBERTSON, District Judge.

Plaintiff seeks access under the Freedom of Information Act, 5 U.S.C. § 552, to the protocol for a 10,000 patient post-marketing study of the drug Metformin. Bristol-Myers Squibb, the manufacturer of Metformin, has intervened to help the FDA resist disclosure. All parties have moved for summary judgment. Oral argument was presented on January 27, 1997, and the parties were afforded an opportunity to file...

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