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NOELL v. BENSINGER

No. 77-2014.

586 F.2d 554 (1978)

John S. NOELL, M. D., Petitioner, v. Peter B. BENSINGER, Administrator, Drug Enforcement Administration, Respondent.

United States Court of Appeals, Fifth Circuit.

December 20, 1978.

Attorney(s) appearing for the Case

Milton E. Brener, New Orleans, La., for petitioner.

Allan P. MacKinnon, Atty., Narcotic & Dangerous Drug Section, Criminal Div., U.S. Dept. of Justice, Stephen E. Stone, Robert J. Rosthal, Act. Chief Counsel, Benjamin R. Civiletti, Asst. Atty. Gen., Drug Enforcement, for respondent.

Before WISDOM, GODBOLD and TJOFLAT, Circuit Judges.

WISDOM, Circuit Judge:

Dr. John S. Noell petitions for review of a Drug Enforcement Administration ("DEA") order revoking his certificate of registration to distribute certain drugs regulated by the Controlled Substances Act. He urges that the Administrator erred in revoking his registration on the basis of a conviction for unlawful distribution of controlled drugs entered on charges to which he pleaded nolo contendere. He also raises issues concerning the sufficiency...

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