Legal Opinion

Premo Pharmaceutical Laboratories, Inc. v. United States

Court of Appeals for the Second Circuit

Decided July 29, 1980No. 863, Docket 79-6227PublishedCited by 25 opinions

1Opinion of the Court

MANSFIELD, Circuit Judge:

In this action by Premo Pharmaceutical Laboratories Inc. (Premo), a manufacturer of drugs, for a declaratory judgment and *798injunctive relief, 28 U.S.C. §§ 2201, 1331(a), the Government, the Secretary of Health, Education and Welfare and the Commissioner of Food and Drugs appeal from a decision and judgment of the District Court for the Southern District of New York entered on August 2, 1979, by Judge Milton Pollack and reported at 475 F.Supp. 52, declaring (1) that “Insulase,” a drug product manufactured by plaintiff-appellee, Premo, for use in the treatment of…

2Cases cited22 opinions

  1. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  2. Far East Conference v. United StatesSupreme Court of the United States · 1952
  3. Weinberger v. Hynson, Westcott & Dunning, Inc.Supreme Court of the United States · 1973
  4. Ewing v. Mytinger & Casselberry, Inc.Supreme Court of the United States · 1950
  5. Weinberger v. Bentex Pharmaceuticals, Inc.Supreme Court of the United States · 1973

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3Cited by25 opinions

  1. Biotics Research Corporation v. Margaret Heckler, Sec'y Etc., Seroyal Brands, Inc. v. Margaret Heckler, Sec'y Etc.Court of Appeals for the Ninth Circuit · 1983
  2. United States v. Alcon Laboratories, Etc.Court of Appeals for the First Circuit · 1981
  3. United States v. Baxter Healthcare Corporation, and Glaxo Specialties, Inc., a Corporation, Intervenor/defendant-AppellantCourt of Appeals for the Seventh Circuit · 1990
  4. United States v. Articles of Drug Consisting of the Following: 5,906 Boxes, Etc., United States of America v. Alcon Laboratories (Puerto Rico), Inc.Court of Appeals for the First Circuit · 1984
  5. Tri-Bio Laboratories, Inc. v. United States of America and Food and Drug AdministrationCourt of Appeals for the Third Circuit · 1988

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