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ORTON MOTOR v. US DEPT. OF HEALTH & HUMAN SERVICES

No. 16-1299.

884 F.3d 1205 (2018)

ORTON MOTOR, INC., d/b/a Orton's Bagley, Petitioner v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided March 20, 2018.

Attorney(s) appearing for the Case

Johanna Dennehy , Washington, DC, argued the cause for petitioner. With her on the briefs were Michael J. Baratz and Molly Bruder Fox , Washington, DC.

Megan Barbero , Attorney, U.S. Department of Justice, argued the cause for respondent. With her on the brief were Mark B. Stern and Alisa B. Klein , Attorneys, Washington, DC, and AnnaMarie Kempic , Deputy Chief Counsel for Litigation, United States Food & Drug Administration.

Before: Tatel, Griffith and Wilkins, Circuit Judges.

Orton Motor, Inc. d/b/a Orton's Bagley ("Orton") is a gas station and convenience store in Bagley, Minnesota, that sells cigarettes and tobacco products, among other sundries. The Food and Drug Administration ("FDA") levied civil money penalties in the amount of $500 against Orton following two inspections in which Orton...

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