JOHN DOE, INC., Petitioner
v.
DRUG ENFORCEMENT ADMINISTRATION, Respondent.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued March 12, 2007.
Decided April 27, 2007.
Attorney(s) appearing for the Case
Samuel H. Israel argued the cause for petitioner/appellant. With him on the briefs were Joseph P. Esposito and Terence J. Lynam.
Alisa B. Klein, Attorney, U.S. Department of Justice, argued the cause for respondent/appellees. With her on the brief were Peter D. Keisler, Assistant Attorney General, Jeffrey A. Taylor, U.S. Attorney, Mark B. Stern, Attorney, and Daniel Dormont, Senior Attorney, Drug Enforcement Administration.
Before: GINSBURG, Chief Judge, and BROWN and KAVANAUGH, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge BROWN.
BROWN, Circuit Judge.
John Doe, Inc.1 seeks review of the DEA's denial of a permit to import for bioequivalency testing a generic version of an FDA-approved drug. Doe challenges the permit denial as contrary to law, arbitrary and capricious, and violative of the Fifth Amendment to the United States Constitution. Doe further argues the district court erred in dismissing its complaint...
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