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PENICK CORP., INC. v. DRUG ENFORCEMENT ADMIN.

No. 06-1105.

491 F.3d 483 (2007)

PENICK CORPORATION, INC., Petitioner v. DRUG ENFORCEMENT ADMINISTRATION, Respondent. Chattem Chemicals, Inc. and Mallinckrodt, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 26, 2007.

Attorney(s) appearing for the Case

Wayne H. Matelski argued the cause for the petitioner. Julia C. Tierney was on brief.

Steven J. Poplawski and Scott M. Badami were on brief for intervenor Mallinckrodt, Inc. in support of the petitioner.

Brian M. Tomney, Attorney, United States Department of Justice, argued the cause for the respondent. Teresa A. Wallbaum, Attorney, was on brief.

Douglas J. Behr was on brief for intervenor Chattem Chemicals, Inc. in support of the respondent.

Before: SENTELLE, HENDERSON and RANDOLPH, Circuit Judges.

Opinion for the court filed by Circuit Judge HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

Chattem Chemicals, Inc. (Chattem) applied to the Drug Enforcement Administration (DEA) for registration as an importer of narcotic raw materials (NRMs) pursuant to the Controlled Substances Act, 21 U.S.C. §§ 801 et seq., and the Controlled Substances Import and Export Act, 21 U.S.C. §§ 952 and 958 (collectively referred to as CSA). Penick...

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