United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued April 20, 2009 Decided September 29, 2009 No. 08-5117 THOMAS REMPFER, U.S. AIR FORCE, ET AL., APPELLANTS v. JOSHUA M. SHARFSTEIN, MD, ACTING COMMISSIONER, FOOD AND DRUG ADMINISTRATION, ET AL., APPELLEES Appeal from the United States District Court for th…
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