norml02 - Page 15
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analysis and conclusions° Petitioners had ample opportunity to
present all evidence relevant to the question of whether
marijuana has a _currently accepted medical use. _' The
AdministratorCs evaluation of petitioners _ evidence reflects
appropriate concerns about its scientific value rather than
improper bias.
ARGUMENT
I. THIS COURT'S PRIOR DECISION REJECTING THE CHALLENGES
PETITIONERS RENEW KERE IS THE LAW OF THE CASE.
Petitioners essentially renew the same challenges previously
rejected by this court in ACT Vo DE___A_ 930 Fo2d 936 (D.C. Ciro
1991) o Their challenge disregards the _'!aw of the case"
doctrinef under which "any determination as to an issue in the
case which has previously been determined is ordinarily binding
upon '_ a later appeals court panel. Lever Bros. Co. v_ Unitej_
State___s, 981 F.2d 1330, 1332 (DoC. Ciro 1993). Indeed, "[t]he
most distinctive law of the case rules are those that justify
refusal by a trial court to reconsider matters once resolved in a
continuing proceeding, or by an appellate court to reconsider
matters resolved on a prior appeal°" 18 Co Wright, A. Miller and
Eo Cooper, Federal Practice and Procedure 5 4478, at 788 (1981 &
Supp. 1992)0 The doctrine is based on the principle that "'[i]f
justice is to be served_ there must at some point be an end to
litigationo '_ Lever Bros_ Co., 981 F.2d at 1332_
The law of the case doctrine is a 8'rule of practice [that]
promotes the finality and efficiency of the judicial process by
protecting against the agitation of settled issues. _
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