NOVELTY, INC. v. D.E.A.

No. 08-1296.

571 F.3d 1176 (2009)

NOVELTY, INC., Petitioner v. DRUG ENFORCEMENT ADMINISTRATION et al., Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided June 22, 2009.

Rehearing En Banc Denied July 28, 2009.


Attorney(s) appearing for the Case

Jonathan W. Emord argued the cause for the petitioner.

Teresa A. Wallbaum, Acting Deputy Chief for Policy and Appeals, United States Department of Justice, argued the cause for the respondent. Anita Gay, Attorney, entered an appearance.

Separate statements filed by Circuit Judge KAREN LECRAFT HENDERSON, Circuit Judge DAVID S. TATEL and Circuit Judge JANICE ROGERS BROWN.


ORDER

PER CURIAM.

Novelty, Inc. petitions for review of the order of the United States Drug Enforcement Administration in Novelty Distributors, Inc., 73 Fed.Reg. 52,689 (Sept. 10, 2008).

IT IS ORDERED that the petition for review be denied. Judge Henderson sets forth her reasons for denying the petition in her separate concurring statement, as does Judge Tatel in his separate concurring statement. Judge Brown dissents from the denial for the...

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