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U.S. APPEALS COURT ALLOWS NEBRASKA TO USE DRUGS TO PROCEED WITH EXECUTION TUESDAY

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A German pharmaceutical company says it won’t ask the U.S. Supreme Court to intervene after losing an appeal in a case that threatened to block Nebraska from carrying out its first execution since 1997.

Drug company Fresenius Kabi recently filed a lawsuit accusing Nebraska prison officials of improperly obtaining its drugs for lethal injections.

The company said it doesn’t want its drugs used in executions and asked a federal judge to prevent the state from doing so Tuesday.

The judge refused, and the 8th Circuit Court of Appeals upheld that decision Monday.

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

That means Carey Dean Moore is still scheduled to be executed Tuesday for the 1979 shooting deaths of two Omaha cab drivers.