Court of Appeals for the Sixth Circuit January 9, 1987, No. 86-3397 (Norwich Eaton Pharmaceuticals, Inc. v. Bowen)

KENNEDY, Circuit Judge.

Defendants-appellants Otis R. Bowen, Secretary of Health and Human Services, et al. (“the Government”) appeal from a judgment for plaintiff-appellee Norwich Eaton Pharmaceuticals, Inc. (“Norwich”) in an action seeking a declaration of rights under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 301-392 (“FFDCA”).