Legal Opinion
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
Decided July 5, 1983No. 82-5325, 82-5412PublishedCited by 102 opinions
1Opinion of the Court
WALLACE, Circuit Judge:
Biotics Research Corporation (Biotics) and Seroyal Brands, Inc. (Seroyal) appeal from district court orders dismissing their complaints for injunctive and declaratory relief against the Food and Drug Administration (FDA). We are asked to decide whether a “regulatory letter” in which the FDA states that a firm has violated laws it administers and threatens enforcement action constitutes a final agency determination ripe for judicial review under the Declaratory Judgment Act, 28 U.S.C. §§ 2201-2202. We find that it does not and therefore affirm.
I
Biotics manufactures and…
2Cases cited15 opinions
- Weinberger v. Hynson, Westcott & Dunning, Inc.Supreme Court of the United States · 1973
- Weinberger v. Bentex Pharmaceuticals, Inc.Supreme Court of the United States · 1973
- McGraw Company, a Corporation v. Preformed Line Products Company, a CorporationCourt of Appeals for the Ninth Circuit · 1966
- Dredge Corp. v. PennyCourt of Appeals for the Ninth Circuit · 1964
- Ciba Corp. v. WeinbergerSupreme Court of the United States · 1973
10 more not listed; retrieve them via the Exa API.
3Cited by102 opinions
- Richard McCarthy v. United StatesCourt of Appeals for the Ninth Circuit · 1988
- William St. Clair John Shelton v. City of Chico County of ButteCourt of Appeals for the Ninth Circuit · 1989
- Carpinteria Valley Farms, Ltd. v. County of Santa BarbaraCourt of Appeals for the Ninth Circuit · 2003
- Summit Technology, Inc. v. High-Line Medical Instruments Co.District Court, C.D. California · 1996
- Wailua Associates v. Aetna Casualty & Surety Co.District Court, D. Hawaii · 1998
97 more not listed; retrieve them via the Exa API.