VOLKMAN v. U.S. DRUG ENFORCEMENT ADMIN.

No. 08-3802.

567 F.3d 215 (2009)

Paul H. VOLKMAN, Petitioner, v. UNITED STATES DRUG ENFORCEMENT ADMINISTRATION, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 3, 2009.


Attorney(s) appearing for the Case

ARGUED: Kevin P. Byers, Kevin P. Byers Co., LPA, Columbus, Ohio, for Petitioner. Tritia Lindsay Yuen, United States Department of Justice, Washington, D.C., for Respondent. ON BRIEF: Kevin P. Byers, Kevin P. Byers, Co., LPA, Columbus, Ohio, for Petitioner. Anita J. Gay, United States Department of Justice, Washington, D.C., for Respondent.

Before: MARTIN and GILMAN, Circuit Judges; ZOUHARY, District Judge.


OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

Paul Volkman applied for a federal registration to dispense controlled substances. The Drug Enforcement Agency denied his application, concluding that Volkman's registration was not in the public interest. The DEA reached this conclusion based on its finding that Volkman's prior prescribing practices violated state and federal law. Paul H. Volkman, Denial of Application, 73 FR 30629-03, No. 06-46 (May 28...

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