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3M HEALTH CARE, LTD. v. GRANT

No. 89-6100.

908 F.2d 918 (1990)

3M HEALTH CARE, LTD., Plaintiff-Appellant, v. Richard R. GRANT, Administrator, Pharmacy Program, Florida Department of Health and Rehabilitative Services, State of Florida, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 13, 1990.

Attorney(s) appearing for the Case

Edward M. Joffe, Sandler, Travis & Rosenberg, Miami, Fla., for plaintiff-appellant.

George L. Waas, Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, Fla., for defendants-appellees.

Before FAY and JOHNSON, Circuit Judges and GIBSON, Senior Circuit Judge.

FLOYD R. GIBSON, Senior Circuit Judge:

Appellant, 3M Health Care, Ltd. ("3M"), sued the State of Florida and others in federal district court, seeking declaratory and injunctive relief from compliance with Florida's Drug and Cosmetic Act in its warehousing activities in the Port Everglades Foreign Trade Zone. 3M argued that the state law was preempted by the Foreign Trade Zones Act. The district court disagreed, granted summary...

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