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WEDGEWOOD VILLAGE PHARMACY, INC. v. U.S.

No. 04-1175.

421 F.3d 263 (2005)

WEDGEWOOD VILLAGE PHARMACY, INC., in the Matter of Establishment Inspection of: d/b/a Wedgewood Pharmacy, Appellant v. UNITED STATES OF AMERICA.

United States Court of Appeals, Third Circuit.

Filed September 1, 2005.

Attorney(s) appearing for the Case

Howard M. Hoffman (Argued), Rachael G. Pontikes, Duane Morris LLP, Chicago, IL, Frank A. Luchak, Duane Morris LLP, Cherry Hill, NJ, for Appellant.

Douglas N. Letter, Christine N. Kohl (Argued), United States Department of Justice, Civil Division, Washington, DC, Paul A. Blaine, Office of United States Attorney, Camden, NJ, for Appellee.

Before McKEE and CHERTOFF, Circuit Judges, and BUCKWALTER, District Judge.

McKEE, Circuit Judge.

Wedgewood Village Pharmacy appeals the District Court's order affirming the Magistrate Judge's denial of Wedgewood's motion to quash an administrative warrant issued to agents of the Food and Drug Administration. Wedgewood argues that it is exempt from FDA inspection under provisions of the Food, Drug, and Cosmetic Act (the "FDCA"), 21 U.S.C. § 301 et seq. Wedgewood also contends that it was denied procedural due process. For the...

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