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VERMONT v. LEAVITT

No. 2:04 CV 206.

405 F.Supp.2d 466 (2005)

State of VERMONT and Vermont Agency of Administration Plaintiffs, v. Michael O. LEAVITT, in his official capacity as Secretary of the United States Department of Health and Human Services and Lester M. Crawford, in his official capacity as Acting Commissioner of the United States Food and Drug Administration Defendants.

United States District Court, D. Vermont.

September 19, 2005.

Attorney(s) appearing for the Case

Mark J. Di Stefano, Vermont Attorney General's Office, Montpelier, VT, Michael Owen McShane, Vermont Attorney General's Office, Waterbury, VT, for Plaintiffs.

Joseph Robert Perella, Office of The United States Attorney, Burlington, VT, for Defendants.

OPINION AND ORDER

SESSIONS, Chief Judge.

I. Introduction

In Beebe Plains, Vermont, there is a street, appropriately named Canusa Avenue, that runs right along the United States-Canada border. Houses on the northern side of the street are in Canada while houses on the southern side are in Vermont. If a resident of the northern side of Canusa Avenue needs medication to control high cholesterol, he or she can purchase a 90...

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