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Government's Efforts to Consider Safeguards On Hold

The U.S. Court of Appeals for the Federal Circuit has decided to postpone consideration of the government's plea to remove an injunction that has been placed on the imposition of treat-based safeguards.

The appeals court wants to wait until a merits panel of judges is formed on April 28 to review the underlying appeal attempting to overturn the injunction itself. Oral arguments for that appeal are scheduled for May 5.

The March 17 ruling by Judge Haldane Robert Mayer effectively delays any final judgment on U.S. government's motion to stay for at least six weeks. Moreover, the merits panel is under no deadline to issue a ruling on the motion to stay once it is assigned the case. The Federal Circuit's decision came one month after the U.S. government made its final reply to the Court on the need for a stay.

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