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UNITED STATES v. AN ARTICLE OF FOOD ETC.

No. 79-3656.

622 F.2d 768 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. AN ARTICLE OF FOOD CONSISTING OF 345/50-POUND BAGS, etc., Defendant, Marshall Minerals, Inc., Intervenor-Appellant.

United States Court of Appeals, Fifth Circuit.

July 30, 1980.

Attorney(s) appearing for the Case

Ben Kirbo, Bainbridge, Ga., for intervenor-appellant.

Frederick H. Degnan, Asst. Chief Counsel for Veterinary Medicine, Food & Drug Admin., Rockville, Md.

John J. Powers, III, James Laskey, Dept. of Justice, Washington, D.C., for U.S.A.

Before GOLDBERG, CHARLES CLARK and THOMAS A. CLARK, Circuit Judges.

CHARLES CLARK, Circuit Judge:

In this appeal we review an order of the district court granting the government's motion for summary judgment. Because the district court erred by assessing the probative value of the evidence and because genuine issues of material fact exist, we reverse the judgment appealed from and remand this action to the district court.

These libel proceedings1 are but one phase of an ongoing dispute

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