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NORAMCO OF DELAWARE v. DRUG ENFORCEMENT ADMIN.

Nos. 02-1211, 03-1060.

375 F.3d 1148 (2004)

NORAMCO OF DELAWARE, INC., Petitioner, v. DRUG ENFORCEMENT ADMINISTRATION, Respondent. Johnson Matthey, Inc., Intervenor Noramco of Delaware, Inc., Petitioner, v. Drug Enforcement Administration, Respondent. Penick Corporation, Inc. and Mallinckrodt, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 23, 2004.

Attorney(s) appearing for the Case

Thomas C. Morrison argued the cause for the petitioners. John A. Gilbert, Jr. and Douglas B. Farquhar were on brief.

Harry J. Matz, Attorney, United States Department of Justice, argued the cause for the respondents. Joseph S. Uberman, Attorney, United States Department of Justice, was on brief. Rose A. Briceno, Attorney, United States Department of Justice, entered an appearance.

James Dabney Miller argued the cause for intervenor Johnson Matthey, Inc.

Steven J. Poplawski and Scott M. Badami were on brief for intervenor Mallinckrodt, Inc.

Wayne H. Matelski and Deborah M. Shelton were on brief for intervenor Penick Corporation, Inc.

Before: GINSBURG, Chief Judge, and HENDERSON and ROGERS, Circuit Judges.

Opinion for the court filed by Circuit Judge HENDERSON.

KAREN LECRAFT HENDERSON, Circuit Judge:

Noramco of Delaware, Inc. (Noramco) has filed two petitions for review of final orders of the Drug Enforcement Agency (DEA, Agency) which grant applications by Johnson Matthey, Inc. (Johnson Matthey) and by Penick Corporation, Inc. (Penick) to register as importers of narcotic raw materials (NRMs) pursuant to the Controlled Substances Import and Export Act, 21 U...

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