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WESTERN FHER LABORATORIES v. LEVI

No. 75-1323.

529 F.2d 325 (1976)

WESTERN FHER LABORATORIES, Petitioner, and Boehringer Ingelheim Limited, Ciba-Geigy Corporation, Intervenors, v. Edward H. LEVI, Attorney General, and Henry S. Dogin, acting Administrator, Drug Enforcement Administration, Respondents.

United States Court of Appeals, First Circuit.

Decided January 28, 1976.

Attorney(s) appearing for the Case

Thomas O. Henteleff, Washington, D. C., with whom Peter O. Safir and Kleinfeld, Kaplan & Becker, Washington, D. C., were on brief, for petitioner and intervenors.

Allan P. Mackinnon, Atty. U. S. Dept. of Justice, with whom Richard L. Thornburgh, Asst. Atty. Gen., Robert J. Rosthal, Deputy Chief Counsel, Drug Enforcement Administration, and David R. Hughes, Atty. Drug Enforcement Administration, were on brief, for respondents.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.

COFFIN, Chief Judge.

This is a petition to review an order of the Drug Enforcement Administration (DEA) of the Department of Justice, fixing the individual manufacturing and procurement quotas for 1975 of the drug phenmetrazine, which in dosage form bears the trade name "Preludin". The drug's legitimate use is in connection with measures to deal with short term obesity. As a stimulant, it is also used illegally, without a prescription. It is a "controlled substance...

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