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PDK LABORATORIES INC. v. U.S. DRUG ENFORCEMENT

No. 04-1432.

438 F.3d 1184 (2006)

PDK LABORATORIES INC., Petitioner v. UNITED STATES DRUG ENFORCEMENT ADMINISTRATION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided February 24, 2006.

Attorney(s) appearing for the Case

Saul Pilchen argued the cause for petitioner. With him on the briefs were Joseph L. Barloon and David E. Carney.

Teresa A. Wallbaum, Appellate Counsel, U.S. Department of Justice, argued the cause for respondent. With her on the brief were Kenneth L. Wainstein, U.S. Attorney, and Stephen A. Sola, Trial Attorney.

Before: TATEL and GARLAND, Circuit Judges, and EDWARDS, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge.

Pursuant to the Chemical Diversion and Trafficking Act of 1988, the Drug Enforcement Agency (DEA) "may order the suspension of any importation or exportation of a listed chemical . . . on the ground that the chemical may be diverted to the clandestine manufacture of a controlled substance." Petitioner, a pharmaceutical manufacturer, does not...

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