Legal Opinion

Rutherford v. United States

Court of Appeals for the Tenth Circuit

Decided December 9, 1986No. Nos. 85-1053, 85-1735PublishedCited by 17 opinions

1Opinion of the Court

McKAY, Circuit Judge.

This appeal is the culmination of nearly twelve years of litigation between terminally ill cancer patients seeking to obtain and use the substance commonly known as Laetrile and the Federal Food & Drug Administration (FDA). In 1975, the FDA issued a declaratory order that classified Laetrile as a “new drug” for purposes of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 301-392 (1982 & Supp. III 1985) (the Act). Absent exemption by either the grandfather clause of 1938, 21 U.S.C. § 321(p)(1) (1982), or the grandfather clause of 1962, Act of Oct. 10,1962, Pub.L. No.…

2Cases cited18 opinions

  1. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  2. Christiansburg Garment Co. v. Equal Employment Opportunity CommissionSupreme Court of the United States · 1978
  3. F. D. Rich Co. v. United States Ex Rel. Industrial Lumber Co.Supreme Court of the United States · 1974
  4. United States v. RutherfordSupreme Court of the United States · 1979
  5. Ex Parte Sibbald v. United StatesSupreme Court of the United States · 1838

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3Cited by17 opinions

  1. Jaramillo v. BurkhartCourt of Appeals for the Eighth Circuit · 1995
  2. Belville Mining Company, Cross-Appellants v. United States of America, Cross-AppelleesCourt of Appeals for the Sixth Circuit · 1993
  3. Super Valu Stores, Inc. v. District Court in & for Weld CountySupreme Court of Colorado · 1995
  4. Oliver W. Eifler v. Office of Workers' Compensation Programs, Peabody Coal Company, and Old Republic Insurance CompanyCourt of Appeals for the Seventh Circuit · 1991
  5. The Citizen Band Potawatomi Indian Tribe of Oklahoma v. The Oklahoma Tax Commission Cindy Rambo Robert Wadley and Don KilpatrickCourt of Appeals for the Tenth Circuit · 1992

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