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D & W FOOD CENTERS, INC. v. BLOCK

No. 85-1095.

786 F.2d 751 (1986)

D & W FOOD CENTERS, INC., Plaintiff-Appellee, v. John R. BLOCK, individually and in his capacity as Secretary of the United States Department of Agriculture, and the United States of America, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided March 27, 1986.

Attorney(s) appearing for the Case

Julie Ann Woods, Asst. U.S. Atty., James Michael Kelly (argued), Grand Rapids, Mich., Virginia Strasser, U.S. Dept. of Agriculture, Office of the General Counsel, Washington, D.C., for defendants-appellants.

Leonard M. Hoffius, Douglas W. VanEssen (argued), Grand Rapids, Mich., for plaintiff-appellee.

James M. Goldberg, Richard L. Frank, Dennis R. Johnson, Washington, D.C., for amicus.

Before KENNEDY and KRUPANSKY, Circuit Judges; and BROWN, Senior Circuit Judge.

BAILEY BROWN, Senior Circuit Judge.

Plaintiff-appellee D & W Food Centers, Inc. (D & W) filed this action in the federal district court for the Western District of Michigan. On the basis of briefs and stipulated facts, the district court issued a declaration that D & W's pizza-making operation was not covered by the continuous inspection provision of the Federal Meat Inspection Act, 21 U.S.C. § 606 (1982...

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