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RECKITT & COLMAN, LTD. v. ADM'R, D.E.A.

No. 85-1193.

788 F.2d 22 (1986)

RECKITT & COLMAN, LTD., Petitioner, v. ADMINISTRATOR, DRUG ENFORCEMENT ADMINISTRATION, Respondent. McNeil Pharmaceutical, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided April 8, 1986.

As Amended April 8, 1986.

Attorney(s) appearing for the Case

Thomas O. Henteleff, Washington, D.C., with whom Peter R. Mathers, Washington, D.C., was on brief for petitioner.

Gary Schneider, Atty., Dept. of Justice, with whom Stephen E. Stone, Associate Chief Counsel, Dept. of Justice, and Charles E. Pazar, Sr. Atty., Drug Enforcement Administration, Washington, D.C., were on brief for respondent.

Robert A. Dormer, with whom Robert T. Angarola, Washington, D.C., was on brief for intervenor.

Before ROBINSON, Chief Judge, and MIKVA and SILBERMAN, Circuit Judges.

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

This is a petition for review of an order of the Administrator of the Drug Enforcement Agency maintaining the classification of the drug buprenorphine as a narcotic under the Controlled Substances Act, 21 U.S.C. §§ 801-966 (1982). The petitioner, Reckitt & Colman, Ltd., complains that the DEA Administrator's designation of buprenorphine as a narcotic rests on an...

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