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PDK LABORATORIES INC. v. U.S. D.E.A.

No. 03-1008.

362 F.3d 786 (2004)

PDK LABORATORIES INC., Petitioner, v. UNITED STATES DRUG ENFORCEMENT ADMINISTRATION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided March 26, 2004.

Attorney(s) appearing for the Case

Saul Pilchen argued the cause for petitioner. With him on the briefs was Joseph L. Barloon.

Mark T. Quinlivan, Senior Trial Counsel, U.S. Department of Justice, argued the cause for respondent. With him on the brief was Roscoe C. Howard, Jr., U.S. Attorney.

Before: RANDOLPH and ROBERTS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge RANDOLPH.

Opinion concurring in part and concurring in the judgment filed by Circuit Judge ROBERTS.

RANDOLPH, Circuit Judge:

Ephedrine is an active ingredient in over-the-counter medications for the treatment of asthma and nasal congestion. Ephedrine is also used in the illicit production of methamphetamine, a controlled substance. The government regulates ephedrine pursuant to the Controlled Substances...

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