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REMPFER v. SHARFSTEIN

No. 08-5117.

583 F.3d 860 (2009)

Thomas REMPFER, U.S. Air Force, et al., Appellants v. Joshua M. SHARFSTEIN, MD, acting Commissioner, Food and Drug Administration, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided September 29, 2009.

Attorney(s) appearing for the Case

John J. Michels Jr. argued the cause for appellants. With him on the briefs was Mark S. Zaid.

Melissa N. Patterson, Attorney, U.S. Department of Justice, argued the cause for appellees. With her on the brief were Michael F. Hertz, Acting Assistant Attorney General, Jeffrey A. Taylor, U.S. Attorney, and Mark B. Stern, Attorney. R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

Pursuant to the Department of Defense's Anthrax Vaccine Immunization Program, members of the armed forces may be ordered to submit to inoculation against anthrax disease. Eight servicemembers brought suit in district court to challenge the Food and Drug Administration's approval of the anthrax vaccine and to enjoin the Defense Department from administering it. The district court dismissed three counts...

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