Judge denies appeal of pharmaceutical company in execution lawsuit

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LINCOLN, Neb. – A federal appeals court has rejected a German pharmaceutical manufacturer's attempt to prevent Nebraska from executing a death-row inmate using drugs that the company says it produced.

The 8th U.S. Circuit Court of Appeals on Monday upheld a federal judge's ruling to let the execution of inmate Carey Dean Moore proceed as planned Tuesday.

The drug company, Fresenius Kabi, contends in a lawsuit that using its drugs for a lethal injection would harm its reputation.

In addition, another drug maker, Sandoz, filed a similar motion in District Court, stating the drugs acquired by the State of Nebraska were purchased illegally. That case was heard Monday morning.

However, since those drugs don’t expire until October, the judge decided Monday morning he would not make a ruling until a later date, essentially removing the final roadblocks to Moore’s execution.

Moore's execution will take place Tuesday at 10 a.m. at the Nebraska State Penitentiary in Lincoln.

Moore was sentenced to death for the 1979 murders of two Omaha taxicab drivers. The 60-year-old Moore has spent 38 years on Nebraska's death row. He is the state's longest-serving death-row inmate.

An attorney for Fresenius Kabi said later Monday that the company won't pursue an additional review with the nation's highest court.

Nebraska's last execution was in 1997, using the electric chair.