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 was
 referred to HEW by DEA. in the face of these detays, NORML filed suit
 against HEW in U.S. District Court in the District of Columbia, seeking
 declaratory and injunctive relief.
 3. Delay By The DEA And HEW
 On March 28, 1979, NORML flied a complaint in the U.S. District
 Court for the District of Columbia alleging that HEW had unreasonably
 delayed action on the NORML rescheduling petition. Defendants in
 the suit were the Department of HEW, HEW Secretary Caiifano, and
 Assistant Secretary for Health Julius Bo Richmond, NORIViL vo HEW, CiVil
 Action No. 79=0898, U.S. District Court for the District of Columbia.
 The complaint sought a declaratory judgment that the defendants
 had failed to prepare HEW' s findings and recommendations on the NORML
 petition "within a reasonable time," as required by the Controlled
 Substances Act, 21 U.S.Co Sec. 81 t(b) and the AdministratNe Procedure
 Act, 5 UoS.C. Secs. 555(b) and 706(1). At the time the complaint was
 filed, the NORML petition had been pending at HEW for more than
 twenty-one months. The complaint also sought an injunction directing
 the defendants to immediately prepare and publish their proposed
 findings and recommendations in the Federal Register for public
 comment.
 The defendants _ed an answer to the complaint on May 29, 1979,
 and the Court, on May 30, 1979, set the case down for a status
 conference to be held on June 22, 1979. Then without any notice to
 NORML or the Court, HEW Secretary Califano sent HEW's final findings
 and recommendations on the NORML petition to the DEA on June 4, 1979,
 and ten days later, on June 14, 1979, DEA issued its finaf decision
 denying the NORML petition.
 in light of these developments, the parties then agreed to file a
 joint stipulation of dismissal, which was filed with and accepted by
 the Court on June 21, 1979. The stipulation noted that HEW had already
 sent its final report and recommendation to DEA, and that the DEA
 Administrator had issued his final decision on the NORML petition.
 4. The HEW Final Report
 HEW' s finam report and findings on the NORML petition and
 transmitted to DEA on June 4, 1979, and are contained verbatim in the