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KORANGY v. U.S.F.D.A.

Nos. 05-2300, 06-1860.

498 F.3d 272 (2007)

Amile A. KORANGY, M.D.; Korangy Radiology Associates, P.A., Petitioners, v. UNITED STATES FOOD AND DRUG ADMINISTRATION, Respondent. Amile A. Korangy, M.D.; Korangy Radiology Associates, P.A., Petitioners, v. United States Food and Drug Administration, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided August 17, 2007.

Attorney(s) appearing for the Case

ARGUED: Timothy Cronin Lynch, Offit & Kurman, Maple Lawn, Maryland, for Petitioners. Anne Lobell Murphy, United States Department of Justice, Appellate Staff, Civil Division, Washington, DC, for Respondent. ON BRIEF: Alex M. Allman, Offit & Kurman, Maple Lawn, Maryland, for Petitioners. Daniel Meron, General, Sheldon T. Bradshaw, Chief Counsel, Food and Drug Division, Eric M. Blumberg, Deputy Chief Counsel, Litigation, Marci B. Norton, Associate Chief for Enforcement, United States Department of Health And Human Services, Washington, DC; Peter D. Keisler, Assistant Attorney General, Douglas N. Letter, Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, for Respondent.

Before WILKINSON, MOTZ, and TRAXLER, Circuit Judges.

Petition for review denied by published opinion. Judge TRAXLER wrote the opinion, in which Judge WILKINSON and Judge MOTZ joined.

OPINION

TRAXLER, Circuit Judge:

Dr. Amile Korangy and Korangy Radiology Associates ("KRA") petition this court for review of an order of the Food and Drug Administration imposing monetary sanctions on Korangy and KRA for allowing a statutorily-required certification to lapse and for performing mammograms after the certification...

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