U.S. v. NUTRI-COLOGY, INC.

No. 91-16419.

982 F.2d 394 (1992)

UNITED STATES of America, Plaintiff-Appellant, v. NUTRI-COLOGY, INC., d/b/a Allergy Research Group; Biocurrents, Inc.; Stephen A. Levine; Susan D. Levine, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 29, 1992.


Attorney(s) appearing for the Case

Jeffrica Jenkins Lee, U.S. Dept. of Justice, Washington, DC, for plaintiff-appellant.

J. Thomas Roch, Beth H. Parker, McCutchen, Doyle, Brown & Enersen, San Francisco, CA, for defendants-appellees.

Before: HUG, PREGERSON, and WIGGINS, Circuit Judges.


PREGERSON, Circuit Judge:

The government appeals the district court's denial of its motion for a preliminary injunction and its motion for reconsideration. The government sought to enjoin appellees Nutri-cology, Inc., also doing business as Allergy Research Group, Biocurrents, Inc., Stephen A. Levine, and Susan D. Levine (collectively "Nutri-cology") from distributing certain products, which the government contends are unapproved "drugs" or "new drugs" within the...

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