McKEAGUE, D. J., delivered the opinion of the court, in which GILMAN, J., joined. MOORE, J. (pp. 237-38), delivered a separate concurring opinion. OPINION McKEAGUE, District Judge. This appeal requires us to determine whether the Medical Device Amendments of 1976 (“MDA”), 21 U.S.C. §§ 360c et seq., to the Federal Food, Drug and Cosmetic Act, 21 U.…
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