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U.S. v. SAGE PHARMACEUTICALS, INC.

No. 99-30425.

210 F.3d 475 (2000)

UNITED STATES of America, Plaintiff-Appellant, v. SAGE PHARMACEUTICALS, INC., Jivn Ren Chen, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 20, 2000.

Attorney(s) appearing for the Case

H. Thomas Byron, III (argued), Mark Bernard Stern, U.S. Dept. of Justice, Civil Div., Appellate Staff, Washington, DC, John Robert Halliburton, Shreveport, LA, for Plaintiff-Appellant.

Jerald R. Harper, Nicole Montagnet Smith (argued), Cook, Yancey, King & Galloway, Shreveport, LA, for Defendants-Appellees.

Before HIGGINBOTHAM and PARKER, Circuit Judges, and JACK, District Judge.

JANIS GRAHAM JACK, District Judge:

This is an enforcement action brought by the United States against Sage Pharmaceuticals, Inc., a manufacturer of prescription and over-the-counter drugs, and its president, Jivn Ren Chen (collectively, Sage). The United States sought to enjoin the distribution of adulterated drugs and unapproved new drugs in violation of the Federal Food, Drug, and Cosmetic Act (FDCA).1 Following a three day bench trial...

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