Two of three federal judges in Atlanta on Friday sounded receptive to a Norcross firm’s appeal of a $40 million contempt order over its marketing of dietary supplements.

King & Spalding partner Merritt McAlister appeared for Hi-Tech Pharmaceuticals and its owner and CEO, who have been battling the federal government in criminal and civil arenas for more than 11 years over its marketing of diet pills and other substances. The owner and CEO, Jared Wheat, has served an 18-month prison term and a stint in jail on a judge’s contempt finding during that period.

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