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Drugmaker seeks to block Nebraska from using execution drugs
By njherald.com- Grant Schulte
Published: 08/09/2018

LINCOLN, Neb. (AP) — A German pharmaceutical company has filed a lawsuit to prevent Nebraska from using lethal injection drugs next week in what would be the state's first execution in more than two decades.

The federal lawsuit filed late Tuesday could delay the Aug. 14 execution of Carey Dean Moore, who was sentenced to death for killing two Omaha cab drivers in 1979. The company, Fresenius Kabi, opposes the use of its drugs in executions and alleges that the Nebraska Department of Correctional Services' supply of potassium chloride was made by the company.

Moore has stopped fighting the state's efforts to execute him , leaving death penalty opponents with no real options other than to hope a drug manufacturer challenged the state's use of its products. In Nevada, a judge indefinitely postponed an execution last month after drugmaker Alvogen filed a similar lawsuit over one of its products.

Nebraska state officials have refused to identify the source of their drugs, but Fresenius Kabi alleges the state's supply of the drug is stored in 30 milliliter vials. Fresenius Kabi said it's the only company that supplies potassium chloride in vials that size. The company said it may also have manufactured the state's supply of cisatracurium, and that Nebraska's use of its drugs would damage its reputation and business relationships.

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