NORMAN BRIDGE DRUG CO. v. BANNER

Nos. 74-3877 and 75-1962.

529 F.2d 822 (1976)

NORMAN BRIDGE DRUG COMPANY, Plaintiff-Appellee, v. Michael BANNER, John R. Bartels, Jr., Administrator, Drug Enforcement Administration, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 24, 1976.


Attorney(s) appearing for the Case

Ira DeMent, U. S. Atty., Kenneth E. Vines, Asst. U. S. Atty., Montgomery, Ala., Allan P. MacKinnon, Atty., Crim. Div., Dept. of Justice, Washington, D.C., for defendants-appellants.

Richard A. Ball, Jr., Montgomery, Ala., for plaintiff-appellee.

Before WISDOM, COLEMAN and GEE, Circuit Judges.


COLEMAN, Circuit Judge.

These consolidated appeals present two facets of the same controversy, both engendered by the unsuccessful efforts of the Drug Enforcement Administration, by administrative order and without a breath of prior notice, to suspend instanter the registration of a corporately owned drug store to dispense controlled drugs. The suspension was attempted on November 11, 1974, on the ground, inter alia, that the president of the corporation...

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