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PFIZER INC. v. SHALALA

No. Civ.A. 97-1554 (PLF).

1 F.Supp.2d 38 (1998)

PFIZER INC, Plaintiff, v. Donna SHALALA, Secretary, United States Department of Health and Human Services, United States Department of Health and Human Services, Michael Friedman, M.D., Acting Commissioner, Food and Drug Administration, United States Food and Drug Administration, Defendants, and Mylan Pharmaceuticals, Inc., Penwest Pharmaceutical Group, Defendant-Intervenors.

United States District Court, District of Columbia.

April 16, 1998.

Attorney(s) appearing for the Case

Bruce Gary Joseph, Bert W. Rein, Wiley Rein & Fielding, Washington, DC, for Pfizer Inc.

Drake Cutini, U.S. Dept. of Justice, Washington, DC, for DHHS.

E. Anthony Figg, Rothwell Figg Ernst & Kurz, Washington, DC, for Def/Intervenor Mylan.

John R. Fleder, David L. Durkin, Olsson Frank and Weeda, PC, Washington, DC, for Def/Intervenor Penwest and Nat. Assn. Of Pharmaceutical Mfg.

Donald R. Stone, McKenna & Cuneo, Washington, DC, for Def/Intervenor National Pharmaceutical Alliance.

OPINION

PAUL L. FRIEDMAN, District Judge.

This matter initially came before the Court on plaintiff's motion for preliminary injunction. After oral argument on August 1, 1997, the parties agreed to convert the motion for preliminary injunction into a motion for summary judgment. The federal defendants, Donna Shalala, the United States Department of Health and Human Services, Michael Friedman and the United States Food and Drug Administration, and defendant...

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