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U.S. v. BURZYNSKI CANCER RESEARCH INSTITUTE

No. 86-2183.

819 F.2d 1301 (1987)

UNITED STATES of America, Plaintiff-Counter Defendant-Appellee, v. BURZYNSKI CANCER RESEARCH INSTITUTE, et al., Defendants-Counter Plaintiffs-Appellants and Janice Kuharzyk, and Other Patients of Dr. Stanislaw R. Burzynski, et al., Intervenors-Counter Plaintiffs-Appellants.

United States Court of Appeals, Fifth Circuit.

June 25, 1987.

Attorney(s) appearing for the Case

Christian P. Di Ferrante, John T. Johnson, Calvin, Dylewski, Gibbs, Maddox, Russell & Verner, Houston, Tex., for Burzinski Cancer Research Institute.

Margaret A. Harris, Stuart M. Nelkin, Nelkin & Nelkin, Houston, Tex., for Juanice Kuharzyk, etc., et al.

Gerald C. Kell, Atty., U.S. Dept. of Justice, Office of Consumer Lit., Washington, D.C., Linda M. Cipriani, Asst. U.S. Atty., Henry K. Oncken, U.S. Atty., Frank A. Conforti, James R. Gough, Asst. U.S. Attys., Houston, Tex., for the U.S.

Before RUBIN, RANDALL, and JOHNSON, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

Armed with a search warrant, the government seized a doctor's patient-treatment records during an investigation to determine whether the doctor had violated criminal fraud statutes and a criminal statute forbidding the interstate shipment of drugs that had not been approved by the Food and Drug Administration. The doctor and some of the patients, as intervenors, sought to have the records returned and to obtain damages and other relief...

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