Fifth Circuit judgment and mandate — Apter v. HHS (S.D. Tex.)

Record facts

Full text

Gnited States Court of Appeals
for the Fifth Cireuit “emer

United States Courts

Southern District of Texas FILED
FILED September 1, 2023
October 24, 2023 No. 22-40802 Lyle W. Cayce
Nathan Ochsner, Clerk of Court Clerk

ROBERT L. APTER, MARY TALLEY BOWDEN, and’ PAUL E.
MARIK,

Plaintiffs— Appellants,
versus
DEPARTMENT OF HEALTH & HUMAN SERVICES; XAVIER
BECERRA, in his official capacity as Secretary of Health and Human Services;
Foop & DRUG ADMINISTRATION; ROBERT M. CALIFF, in his

official capacity as Commissioner of Food and Drugs,

Defendants—Appellees.

Appeal from the United States District Court
for the Southern District of Texas
USDC No. 3:22-CV-184

Before CLEMENT, ELROD, and WILLETT, Circuit Judges.
JUDGMENT

This cause was considered on the record on appeal and was argued by
counsel.

IT IS ORDERED and ADJUDGED that the judgment of the
District Court is REVERSED, and the cause is REMANDED to the


No. 22-40802

District Court for further proceedings in accordance with the opinion of this
Court.

IT IS FURTHER ORDERED that each party bear its own costs

on appeal. 4

Certified as a true copy and issued
as the mandate on Oct 24, 2023

Attest: J

Clerk, U.S. uf W rt of fe Oitth Circuit


United States Court of Appeals

FIFTH CIRCUIT
OFFICE OF THE CLERK

LYLE W. CAYCE TEL, 504-310-7700
CLERK 600 S. MAESTRI PLACE,
Suite 115
NEW ORLEANS, LA 70130

October 24, 2023

Mr. Nathan Ochsner

Southern District of Texas, Galveston
United States District Court

601 Rosenberg Street

Room 411

Galveston, TX 77550-0000

No. 22-40802 Apter v. Dept of Health & Human Sve
USDC No. 3:22-CV-184

Dear Mr. Ochsner,

Enclosed is a copy of the judgment issued as the mandate and a
copy of the court’s opinion.

Sincerely,

LYLE W. CAYCE, Clerk
thes & |
By

Nancy F. Dolly, Deputy Clerk
504-310-7683

cc: Mr. David Anthony Dalia
Mr. Alan Dumoff
Mrs. Ashley Cheung Honold
Mr. Jared Kelson
Mr. R. Trent McCotter
Mr. Oliver McDonald
Mr. Andrew Layton Schlafly
Mr. Daniel Bentele Hahs Tenny

File and source

File

gov.uscourts.txsd.1875135.50.0.pdf

Size

43,656 bytes

SHA-256

f6045d00edfa8acc6d5e037b8b2dfd258cf6fb33b1bee7f8ca543f331b3d755b

Our copy

gov.uscourts.txsd.1875135.50.0.pdf

Original

archive.org