U.S. v. BHUTANI

Nos. 00-1523 & 00-2679.

266 F.3d 661 (2001)

UNITED STATES of America, Plaintiff Appellee, v. Baldev R. BHUTANI and ALRA Laboratories, Incorporated, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided September 12, 2001.

Rehearing and Rehearing Denied November 14, 2001.


Attorney(s) appearing for the Case

Lawrence G. McDade (argued), Department of Justice, Consumer Litigation, Robert M. Loeb, Department of Justice, Civil Division, Appellate Section, Washington, DC, Barry Rand Elden, Chief of Appeals, Office of the U.S. Attorney, Criminal Division, Chicago, IL, for plaintiff-appellee.

Christopher B. Mead, London & Mead, Douglas B. Farquhar, Hyman, Phelps & McNamara, Washington, DC, for defendants-appellants.

Before BAUER, RIPPLE, and EVANS, Circuit Judges.


Rehearing and Rehearing En Banc Denied November 14, 2001.

BAUER, Circuit Judge.

A jury found defendants Baldev Raj Bhutani, Neelam Bhutani, and ALRA Laboratories, Inc. guilty of various violations of the Federal Food, Drug, and Cosmetic Act ("FDCA"), 21 U.S.C. § 301 et seq. The defendants moved for a new trial, which the district court granted, finding that the government violated Brady v. Maryland, 373 U.S. 83

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