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EMPIRE KOSHER POULTRY, INC. v. HALLOWELL

No. 86-5411.

816 F.2d 907 (1987)

EMPIRE KOSHER POULTRY, INC., Appellant, v. HALLOWELL, Penrose Van Buskirk, Jr., Max A. Block, John Apple, John Sharman, Euclid C.

United States Court of Appeals, Third Circuit.

Decided April 24, 1987.

Attorney(s) appearing for the Case

J. Jay Cooper (argued), Goldberg, Katzman & Shipman, P.C., Harrisburg, Pa., for appellant.

LeRoy S. Zimmerman, Atty. Gen., Ellis M. Saull, Deputy Atty., Gen. (argued), Gregory R. Neuhauser, Sr. Deputy Atty. Gen., Andrew S. Gordon, Chief Deputy Atty. Gen., Chief, Litigation Section, Office of Atty. Gen., Philadelphia, Pa., for appellees Penrose Hallowell and Max A. Van Buskirk, Jr.

James J. West, U.S. Atty., Sally A. Lied, Asst. U.S. Atty., U.S. Dept. of Justice, Harrisburg, Pa., James Michael Kelly, Associate General Counsel, Raymond W. Fullerton, Asst. General Counsel, Aaron B. Kahn, Atty. (argued), Office of the General Counsel, U.S. Dept. of Agriculture, Washington, D.C., for appellees John Block, John Apple and Euclid C. Sharman.

Before GIBBONS, Chief Judge, SLOVITER, Circuit Judge, and SCIRICA, District Judge.

OPINION OF THE COURT

GIBBONS, Chief Judge:

Empire Kosher Poultry, Inc. appeals from a summary judgment in favor of the defendants in its action seeking compensation for losses incurred as a result of a quarantine of poultry owned by Empire, imposed to prevent the spread of avian influenza. The defendants include officials of the Pennsylvania Department of Agriculture (PDA) (state defendants) and officials of the United States Department of Agriculture (USDA...

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