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Court Decision...

For the information of our readers the following court decision is being published. This decision is presently on appeal. An abstract based on a portion of the USDA studies was published in Journal of Dairy Science 52:929.

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

IMPRO PRODUCTS, INC. PLAINTIFF,

JOHN R. BLOCK, SECRETARY OF AGRICULTURE OF THE UNITED STATES

Defendant.

Civil Action No. 81-1284

MEMORANDUM AND ORDER

In this action plaintiff originally challenged the validity of a test conducted in 1966-67 by the Department of Agriculture (USDA or Agriculture) to assess the efficacy of certain animal biologics produced by the plaintiff and as to which plaintiff sought a license to distribute in interstate commerce. Since the action was filed, extensive discovery has been conducted by both sides and numerous pretrial motions have been presented and decided.

By a series of earlier rulings, the issues have been refined and narrowed 1 to a sole remaining issue viz.