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RXUSA WHOLESALE v. DEPT. OF HEALTH AND HUMAN SERV.

No. 06-CV-5086 (JS)(AKT).

467 F.Supp.2d 285 (2006)

RxUSA WHOLESALE, INC., Alden Surgical, Co., Inc., Atlantic Biologicals, Inc., Bell Medical Services, Inc., C.O. Truxton, Inc., Hygen Pharmaceuticals, Inc., Medex Medical, Inc., Medsource Direct, Inc., Mika Pharmaceuticals, Inc., and Stat Pharmaceuticals, Inc., Plaintiffs, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Food and Drug Administration, Defendants.

United States District Court, E.D. New York.

December 11, 2006.

Attorney(s) appearing for the Case

Michael L. Levine, The Law Firm, of Michael Levine, P.C., Scarsdale, NY, for Plaintiffs.

Vincent Lipari, United States Attorneys Office, Eastern District of New York, Central Islip, NY, for Defendants.

ORDER ADOPTING REPORT AND RECOMMENDATION

SEYBERT, District Judge.

INTRODUCTION

Before this Court is Magistrate Judge A. Kathleen Tomlinson's Report and Recommendation, dated November 30, 2006, regarding Plaintiffs' motion for a preliminary injunction. The. Magistrate recommended that this Court preliminarily enjoin the Defendants from implementing certain regulations that were to take effect on Friday, December 1, 2006. Pursuant to...

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