A 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 since 1997.

The 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. Moore has stopped fighting the state's efforts to execute him.

State officials have refused to say identify the source of their drugs.

However, the pharmaceutical company, Fresenius Kabi, alleges that the correctional department's supply of potassium chloride is stored in 30 milliliter vials. Fresenius Kabi says it's the only company that makes vials in that size.

The company takes no position on capital punishment but opposes the use of its products in executions.

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