Story highlights Fresenius Kabi sued to block an execution in Nebraska

sued to block an execution in Nebraska Carey Dean Moore is scheduled to be executed Tuesday

(CNN) A federal judge Friday denied a motion by a German health care company that, if granted, would have delayed a Nebraska execution scheduled for next week.

The company, Fresenius Kabi , sued to block the execution set for Tuesday, saying that the US state illegally procured various drugs for use in the planned lethal injection.

The company sued Nebraska and the Department of Correctional Services director, stating that they planned to use two different drugs produced by Fresenius Kabi in the scheduled execution of Carey Dean Moore.

"We made no sales to the Department of Correctional Services, nor have any of our authorized distributors," according to a statement by Fresenius Kabi. "So we can only conclude Nebraska may have acquired this product from an unauthorized seller."

Senior US District Court Judge Richard Kopf denied a motion to return two injectable drugs to the manufacturer. The motion sought to stop the state from using two drugs because of questions concerning how the state obtained them.