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SLOCUM v. UNITED STATES

No. 75-1242.

515 F.2d 237 (1975)

B. R. SLOCUM d/b/a Animal World, Plaintiff-Appellee, v. UNITED STATES of America and Earl Butz, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 16, 1975.

Attorney(s) appearing for the Case

Robert W. Rust, U. S. Atty., Lawrence B. Craig, III, Asst. U. S. Atty., Miami, Fla., Neil Koslowe, App. Section, Robert E. Kopp, Dept. of Justice, Washington, D. C., for defendants-appellants.

L. Alton Denslow, Washington, D. C., amicus curiae, for Poultry & Egg Inst. of America.

Vandroff, Mandell & Freshman, Lawrence N. Freshman, Richard J. Mandell, Miami, Fla., for plaintiff-appellee.

Before GODBOLD, Circuit Judge, SKELTON, Associate Judge, and GEE, Circuit Judge.

GEE, Circuit Judge:

This case, somewhat less than run-of-the-mill, concerns mynah birds, African grey parrots, a variety of other exotic species to the retail value of half a million dollars — and Velogenic Viscerotropic Newcastle Disease (VVND), a deadly, communicable avian disease.1

The Facts

Appellee B. R. Slocum, an importer of exotic birds, brought these birds...

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