Legal Opinion

Hynson, Westcott & Dunning, Inc. v. Richardson

Court of Appeals for the Fourth Circuit

Decided May 24, 1972No. 71-1717PublishedCited by 6 opinions

1Opinion of the Court

DONALD RUSSELL, Circuit Judge:

The appellant, a drug manufacturer, seeks review of a final order withdrawing marketing approval (NDA) of the drug Lutrexin by the Commissioner of Food and Drugs, Department of Health, Education and Welfare.1 The appellant alleges error in such order of withdrawal (1) for failure to sustain its claim of exemption from withdrawal on account of lack of “substantial evidence” of effectiveness of its drug and, if this claim of exemption is overruled, (2) for denial of a hearing, as required under the applicable statute, on its showing of effectiveness. We reverse.

The…

2Cases cited8 opinions

  1. United States v. Storer Broadcasting Co.Supreme Court of the United States · 1956
  2. Environmental Defense Fund, Inc. v. RuckelshausCourt of Appeals for the D.C. Circuit · 1971
  3. Environmental Defense Fund, Incorporated v. William D. RuckelshausCourt of Appeals for the D.C. Circuit · 1971
  4. National Labor Relations Board v. Smith Industries, Inc.Court of Appeals for the Fifth Circuit · 1968
  5. National Labor Relations Board v. Bata Shoe Company, Inc., United Shoe Workers of America, Afl-Cio, IntervenorCourt of Appeals for the Fourth Circuit · 1967

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3Cited by6 opinions

  1. United States v. An Article of Drug Consisting of 4,680 Pails, More or Less, Each Pail Containing 60 Packets, Etc., Pfizer, Inc., Claimant-AppellantCourt of Appeals for the Fifth Circuit · 1984
  2. E.R. Squibb & Sons, Inc. v. Casper W. Weinberger, Secretary of Health, Education and Welfare, and Charles C. Edwards, Commissioner of Food and DrugsCourt of Appeals for the Third Circuit · 1973
  3. Agri-Tech, Inc. v. RichardsonCourt of Appeals for the Eighth Circuit · 1973
  4. Hynson, Westcott and Dunning, Incorporated v. RichardsonCourt of Appeals for the Fourth Circuit · 1972
  5. Agri-Tech, Inc. v. RichardsonCourt of Appeals for the Eighth Circuit · 1973

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