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U.S. v. CAPUTO

No. 03 CR 0126.

288 F.Supp.2d 912 (2003)

UNITED STATES of America v. Ross A. CAPUTO, Robert M. Riley, Mark E. Schmitt, and Marilyn M. Lynch

United States District Court, N.D. Illinois, Eastern Division.

October 21, 2003.

Attorney(s) appearing for the Case

James M Cole, Bryan, Cave, McPheeters & McRoberts, Washington, DC, for Ross A. Caputo.

Jenny Louise Johnson, Jonathan S. Feld, BeLinda Irene Mathie, Katten Muchin Zavis Rosenman, Chicago, IL, for Robert M. Riley.

Theodore Thomas Poulos, Tyson K Harper, Cotsirilos, Stephenson, Tighe & Streicker, Chicago, IL, for Marilyn M Lynch.

Gillum Ferguson, United States Attorney's Office, Chicago, for U.S. Attorneys.

MEMORANDUM OPINION AND ORDER

CASTILLO, District Judge.

Presently before this Court is Defendants' motion to dismiss the indictment. (R. 24-1, Defs.' Mot. to Dismiss.) Defendants' motion to dismiss raises four arguments: (1) the Food and Drug Administration's ("FDA") regulatory scheme violates the Due Process Clause because it is too ambiguous to afford proper notice of prohibited conduct; (2) the conspiracy count is duplicitous; (3) FDA prohibitions...

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