Legal Opinion
Amer Bioscience Inc v. Thompson, Tommy G.
Court of Appeals for the D.C. Circuit
Decided March 30, 2001No. 00-5350PublishedCited by 46 opinions
1Opinion of the Court
Opinion for the Court filed by Circuit Judge RANDOLPH.
RANDOLPH, Circuit Judge:
This appeal from the district court’s judgment denying a preliminary injunction against the Food and Drug Administration requires us to consider once again the Supreme Court’s opinion in Citizens to Preserve Overton Park v. Volpe, 401 U.S. 402, 91 S.Ct. 814, 28 L.Ed.2d 136 (1971). Although the procedural background of the appeal is complex, our reasons for vacating and remanding are simple: the administrative record was never filed in court and we cannot tell on what basis the Food and Drug Administration took the…
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
- Mova Pharmaceutical Corp. v. ShalalaCourt of Appeals for the D.C. Circuit · 1998
- National Nutritional Foods Association and Solgar Co., Inc. v. Food and Drug Administration, United States Department of Health, Educationand WelfareCourt of Appeals for the Second Circuit · 1974
3Cited by46 opinions
- Amer Bioscience Inc v. Thompson, Tommy G.Court of Appeals for the D.C. Circuit · 2001
- Pacific Shores Subdivision California Water District v. United States Army Corps of EngineersDistrict Court, District of Columbia · 2006
- Andrx Pharmaceuticals, Inc. v. Biovail Corp. InternationalCourt of Appeals for the D.C. Circuit · 2001
- Fund for Animals v. WilliamsDistrict Court, District of Columbia · 2005
- Maritel, Inc. v. CollinsDistrict Court, District of Columbia · 2006
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