United States DC Circuit

In case involving business supplying equine veterinarians with specially formulated medications, respondent's decision to revoke petitioner's registration as a "practitioner" within the meaning of 21 U.S.C. section 823(f) is vacated where respondent's analysis is inadequate as to whether the Comprehensive Drug Abuse Prevention and Control Act of 1970 allows a pharmacy to "constructively" dispense controlled substances to a patient by delivering the controlled substances to an intermediary such as a veterinarian.

Appellate Information

• Decided 12/11/2007
• Published 12/11/2007

Judges

• Before:  HENDERSON, RANDOLPH and BROWN, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Derek L. Shaffer argued the cause for the petitioner.  Michael W. Kirk and Charles J. Cooper were on brief.


• For Appellees:
  
• Lena D. Watkins, Attorney, United States Department of Justice, argued the cause for the respondent.  Teresa A. Wallbaum and Stephen A. Sola, Attorneys, United States Department of Justice, were on brief.