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MALLADI DRUGS & PHARMACEUTICALS, LTD. v. TANDY

No. 08-5138.

552 F.3d 885 (2009)

MALLADI DRUGS & PHARMACEUTICALS, LTD. and Novus Fine Chemicals, LLC, Appellants v. Karen P. TANDY, in her Official Capacity as, Administrator, Drug Enforcement Administration, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided January 23, 2009.

Attorney(s) appearing for the Case

James T. Phalen argued the cause for appellants. With him on the briefs was Augusta M. Ridley.

Kelsi Brown Corkran, Attorney, U.S. Department of Justice, argued the cause for appellee. With her on the brief were Gregory G. Katsas, Assistant Attorney General, and Mark B. Stern, Attorney. Ronald J. Wiltsie II, Attorney, entered an appearance.

Opinion for the Court filed by Chief Judge SENTELLE.

SENTELLE, Chief Judge:

Malladi Drugs and Pharmaceuticals, Ltd. and Novus Fine Chemicals, LLC (collectively, "Malladi") sued the federal Drug Enforcement Administration ("DEA") for the return of $1,420,000 worth of ephedrine and pseudoephedrine that the DEA seized and administratively forfeited or, alternatively, for judicial process to reassess whether the drugs should be forfeited. The district court dismissed the complaint...

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