Legal Opinion
United States v. Algon Chemical Inc., a Corporation, and Edward Latinsky, an Individual
Court of Appeals for the Third Circuit
Decided July 11, 1989No. 88-5478PublishedCited by 14 opinions
1Opinion of the Court
OPINION OF THE COURT
STAPLETON, Circuit Judge:
In this case we are asked to decide whether the Food and Drug Administration (“FDA”) can enforce regulations promul gated pursuant to its delegated authority under the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 301 et seq. (“FDCA” or the “Act”), that essentially limit the sale of new bulk pharmaceuticals exclusively to holders of “new animal drug applications.” The district court held that these regulations were inconsistent with the history and purpose of the FDCA when applied, as in this case, to bulk drugs intended for sale to…
2Cases cited11 opinions
- Heckler v. ChaneySupreme Court of the United States · 1985
- Weinberger v. Hynson, Westcott & Dunning, Inc.Supreme Court of the United States · 1973
- United States v. RutherfordSupreme Court of the United States · 1979
- Koshatka, Edgar v. Philadelphia Newspapers, Inc. D/B/A the Philadelphia Inquirer and the Daily NewsCourt of Appeals for the Third Circuit · 1985
- Larry Leon Chaney v. Margaret M. Heckler, as Secretary of Health and Human ServicesCourt of Appeals for the D.C. Circuit · 1984
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Richardson v. MillerCourt of Appeals of Tennessee · 2000
- Medical Center Pharmacy v. MukaseyCourt of Appeals for the Fifth Circuit · 2008
- In The Matter Of Bevill, Bresler & Schulman Asset Management CorporationCourt of Appeals for the Third Circuit · 1990
- Nve Inc. v. Department Of Health And Human ServicesCourt of Appeals for the Third Circuit · 2006
- Cohen v. Savings Building & Loan Co. (In re Bevill, Bresler & Schulman Asset Management Corp.)Court of Appeals for the Third Circuit · 1990
9 more not listed; retrieve them via the Exa API.