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U.S. v. GARFINKEL

No. 93-3160.

29 F.3d 451 (1994)

UNITED STATES of America, Appellant, v. Barry GARFINKEL, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 13, 1994.

Attorney(s) appearing for the Case

Douglas Letter, Washington, DC, argued (Frank W. Hunger, Francis X. Hermann, Douglas N. Letter and Thomas M. Bondy, Washington, DC, and Margaret J. Porter and Mark S. Brown, Rockville, MD, on the brief), for appellant.

Lawrence Saul Robbins, Washington, DC, argued (Douglas A. Kelly and Steven E. Wolter, Minneapolis, MN, on the brief), for appellee.

Before MAGILL, Circuit Judge, HEANEY, Senior Circuit Judge, and HANSEN, Circuit Judge.

MAGILL, Circuit Judge.

In this appeal, the government challenges the district court's order dismissing two counts of the indictment brought against Barry Garfinkel. The two dismissed counts charged Garfinkel with the violation of Food and Drug Administration (FDA) regulations. We reverse and remand to the district court for further proceedings.

I. BACKGROUND

The grand jury returned a twenty-five count indictment...

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