Legal Opinion
Almay, Inc. v. Joseph A. Califano, Jr., Secretary Department of Health, Education and Welfare
Court of Appeals for the D.C. Circuit
Decided February 10, 1978No. 76-1718PublishedCited by 35 opinions
1Opinion of the Court
Opinion for the court filed by
MARKEY, Chief Judge.
MARKEY, Chief Judge, United States Court of Customs and Patent Appeals:
Appeal from a judgment of the district court denying plaintiffs’ motion for judgment that Regulation 700.100 of the Food and Drug Administration (FDA) is arbitrary and capricious and not in accordance with law and granting FDA’s motion for summary judgment. We reverse.
BACKGROUND
On February 25, 1974, appellee Food and Drug Administration (FDA) in accordance with 21 U.S.C. §§ 321(m), 362(a), and 371(a), initiated informal rulemaking proceedings by publishing a proposed…
2Cases cited4 opinions
- Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
- Camp v. PittsSupreme Court of the United States · 1973
- Ethyl Corp. v. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 1976
- National Nutritional Foods Ass'n v. WeinbergerCourt of Appeals for the Second Circuit · 1975
3Cited by35 opinions
- National Ass'n of Regulatory Utility Commissioners v. Federal Communications CommissionCourt of Appeals for the D.C. Circuit · 1984
- Citizens for Free Enterprise v. Department of RevenueSupreme Court of Colorado · 1982
- National Association of Regulatory Utility Commissioners v. Federal Communications Commission and United States of America, Ad Hoc Telecommunications Users Committee, Intervenors. Public Service Commission of the District of Columbia v. Federal Communications Commission and United States of America, United Telephone System, Inc., Intervenors. People of the State of California and the Public Utilities Commission of the State of California v. Federal Communications Commission and United States of America, Southern Pacific Communications Company, Intervenors. MCI Telecommunications Corporation v. Federal Communications Commission and United States of America, Aeronautical Radio, Inc., Intervenors. Lexitel Corporation v. Federal Communications Commission and United States of America, United Telephone Systems, Inc., Intervenors. Western Union Telegraph Company v. Federal Communications Commission and United States of America, MCI Telecommunications Corporation, Intervenors. North American Telephone Association v. Federal Communications Commission and United States of America, Gte Sprint Communications Corporation, Intervenors. MCI Telecommunications Corporation v. Federal Communications Commission and United States of America, Gte Service Corporation, Intervenors. Public Service Commission of the District of Columbia v. Federal Communications Commission and United States of America, Gte Sprint Communications Corporation, Intervenors. Aeronautical Radio, Inc. v. Federal Communications Commission and United States of America, Western Union Telegraph Company, Intervenors. United States Transmission Systems, Inc. v. Federal Communications Commission and United States of America, Gte Sprint Communications Corporation, Intervenors. Telesphere Network, Inc. v. Federal Communications Commission and United States of America, American Broadcasting Companies, Intervenors. Association of Long Distance Telephone Companies v. Federal Communications Commission and United States of America, Western Union Telegraph Company, IntervenorsCourt of Appeals for the D.C. Circuit · 1984
- Walter O. Boswell Memorial Hospital v. HecklerCourt of Appeals for the D.C. Circuit · 1984
- Natural Resources Defense Council v. United States Environmental Protection AgencyCourt of Appeals for the Second Circuit · 2015
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