United States DC Circuit

Where the administrative record was never filed in court, an appellate court cannot tell on what basis an agency took action that a party seeks to enjoin, precluding judicial review of the full administrative record.

Appellate Information

• Argued 01/18/2001
• Decided 03/30/2001
• Published 03/30/2001

Judges

• Before:  EDWARDS, Chief Judge, SENTELLE and RANDOLPH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Joseph F. Coyne, Jr. argued the cause for appellant. With him on the briefs were Carlton A. Varner, Robert F. Green, Arthur Y. Tsien, David F. Weeda and Jacqueline H. Eagle. David L. Durkin entered an appearance.


• For Appellees:
  
• Howard S. Scher, Attorney, U.S. Department of Justice, argued the cause for federal appellees. With him on the brief were David W. Ogden, Assistant Attorney General, Douglas N. Letter, Attorney, Wilma A. Lewis, U.S. Attorney, and Annamarie Kempic, Counsel, Food and Drug Administration., Philip A. Sechler argued the cause for appellees Baker Norton Pharmaceuticals, Inc. and Zenith Goldline Pharmaceuticals, Inc. With him on the brief was Richard M. Cooper.