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BRACCO DIAGNOSTICS, INC. v. SHALALA

Civil Action Nos. 97-0739(PLF), 97-0740(PLF) and 97-0742(PLF).

963 F.Supp. 20 (1997)

BRACCO DIAGNOSTICS, INC., Plaintiff, v. Donna SHALALA, Secretary, United States Department of Health and Human Services, Michael Friedman, M.D., Lead Deputy Commissioner, Food and Drug Administration, and Food and Drug Administration, Defendants. The DuPONT MERCK PHARMACEUTICAL COMPANY and Imarx Pharmaceutical Corp., Plaintiffs, v. Donna SHALALA, Secretary, United States Department of Health and Human Services, and Michael Friedman, M.D., Deputy Commissioner for Operations, Food and Drug Administration, Defendants. SONUS PHARMACEUTICALS, INC., Plaintiff, v. FOOD AND DRUG ADMINISTRATION, Donna Shalala, Secretary, United States Department of Health and Human Services, and Michael Friedman, M.D., Lead Deputy Commissioner, Food and Drug Administration, Defendants.

United States District Court, District of Columbia.

April 21, 1997.

Attorney(s) appearing for the Case

Richard S. Morey, Kleinfeld, Kaplan and Becker, Washington, DC, for Bracco.

Nancy L. Buc, Buc & Beardsley, Washington, DC, for Sonus.

William W. Vodra, Arnold & Porter, Washington, DC, for DuPont.

Drake Cutini, Office of Consumer Litigation, U.S. Dept. of Justice, Washington, DC, David M. Fox, Chief Counsel, U.S. Food and Drug Admin., Rockville, MD, for defendants.

Robert J. Shaughnessy, Williams & Connolly, Washington, DC, for defendant/intervenor Molecular Biosystems, Inc.

ORDER

PAUL L. FRIEDMAN, District Judge.

Upon consideration of defendants' motion to dismiss the complaints in these consolidated actions pursuant to Rule 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure, the memorandum in support thereof, the memoranda in support of plaintiffs' motions for preliminary injunction, the memorandum of Molecular Biosystems, Inc. and the oral arguments of counsel on the motions for preliminary injunction, and...

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