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Counsel are equally mistaken in their apparent belief that once it ringenenl is established and adjudicated, an
marivices by its language chat once a violation was shown,
an injunction must follos, and the D. C. Circuit had so
But the circumstances made an injunction somewhat
an unquestionably legitimate and
long-established District of Columbia retailer, had got tangled up in the price control regulations of World War ll, and its employees had in good faith unwittingly conmitted some violations. The situation was ironic in that the Hecht Co. had been a leader in extending the patriotic cooperation of the retail trade in application of the unpopular but necessary retail price controls, and had it
self offered its own operation for study as
the problems and how they could be solved.
After discovering some loopholes in the statute, in light of the legislative history, Justice Douglas contin
ved at 329:
We are dealing here with the requirements of equity practice with a background of several hundred years of history. Only the other day we stated that "an appeal to the equity jurisdiction conferred on federal district courts is an appeal to the sound discre
tion which guides the determinations of courts of
While two justices declined to join in the opinion, none expressed themselves in favor of affirming the D. C. Cir
In short, if Congress wants the federal courts to
issue injunctions without regard to historic equity principles, it is going to have to say so.in explicit and even shameless language rarely if ever to be expected from a body itself made up very largely of American lawyers, haying, probably, much respect for traditional equity principles as do the courts. If an injunction was not mandatory in Hecht Co. Bowles, the more permissive statutory language here makes it a fortiori that an injunction is not mandatory now.
The application of historic equity principles to the at bar' is in the first instance for the district
The decision of the district court holding the '053
This is in response to a recent request by Mr. Dave Beier of your
33 requests for orphan drug designations have been received
since October 1983;
received since January 1983;
1. Chronic urea-splitting urinary infections.
7. Severe pain, as in metastatic cancer. If you have any questions, please let me know.
Robert C. We therell, Jr.