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U.S. v. SPRINGER

No. 03-1673.

354 F.3d 772 (2004)

UNITED STATES of America, Plaintiff — Appellant, v. Jackie Rae SPRINGER; Gregory M. Chollet, Defendants — Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: January 9, 2004.

Rehearing and Rehearing Denied: February 13, 2004.

Attorney(s) appearing for the Case

Phillip E. Porter, argued, Assistant U.S. Attorney, of Kansas City, Missouri (Todd P. Graves, on the brief), for appellant.

Michael P. Joyce, argued, Kansas City, Missouri (Bruce Houdek, on the brief), for appellee.

Before LOKEN, Chief Judge, McMILLIAN and HANSEN, Circuit Judges.

Rehearing and Rehearing En Banc Denied: February 13, 2004.

LOKEN, Chief Judge.

In 1997, the Food and Drug Administration (FDA) issued a public health advisory, warning that the diet drug fenfluramine may expose users to significantly increased risks of heart valve abnormalities. The drug's domestic manufacturer withdrew it from the U.S. market, and in March 1999 fenfluramine was formally listed as a "drug withdrawn or removed from the market for reasons of...

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