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CARETOLIVE v. FOOD AND DRUG ADMIN.

No. 09-4084.

631 F.3d 336 (2011)

CARETOLIVE, A Not for Profit Corporation, Plaintiff-Appellant, v. The FOOD AND DRUG ADMINISTRATION, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 6, 2011.

Attorney(s) appearing for the Case

ARGUED: Kerry M. Donahue, Bellinger & Donahue, Dublin, Ohio, for Appellant. John J. Stark, Assistant United States Attorney, Columbus, Ohio, for Appellee. ON BRIEF: Kerry M. Donahue, Bellinger & Donahue, Dublin, Ohio, for Appellant. John J. Stark, Assistant United States Attorney, Columbus, Ohio, for Appellee.

Before: MARTIN, NORRIS, and COOK, Circuit Judges.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

CareToLive filed a request with the Food and Drug Administration, which we will refer to generally as the FDA, under the Freedom of Information Act seeking copies of letters sent between its medical experts regarding Provenge, an immunotherapy treatment for late stage prostate cancer. The FDA was slow to respond to this request, and CareToLive filed a lawsuit demanding the immediate production of responsive documents...

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