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U.S. v. ODESSA UNION WAREHOUSE CO-OP

No. 86-4367.

833 F.2d 172 (1987)

UNITED STATES of America, Plaintiff-Appellant, v. ODESSA UNION WAREHOUSE CO-OP; Cecil A. Schell; Edward Sewall; Marvin Kleyn, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 27, 1987.

Attorney(s) appearing for the Case

Margaret A. Cotter, Asst. Director, Office of Consumer Litigation, Civil Div., Dept. of Justice, Washington, D.C., for plaintiff-appellant.

George M. Burditt, Burditt, Bowles & Radzius, Ltd., Chicago, Ill., for defendants-appellees.

Before CANBY, REINHARDT and BEEZER, Circuit Judges.

CANBY, Circuit Judge:

INTRODUCTION

The United States brought this action to enjoin the sale and movement of wheat by appellee Odessa Union Warehouse Co-op ("Odessa"). The complaint alleged repeated violations of the Food, Drug, and Cosmetic Act ("FDCA"), 21 U.S.C. §§ 331(a), 342(a)(3) & (4). The district court denied the government's motion for a preliminary injunction and the government appeals. Because we conclude that the district court...

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