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GUAM FRESH, INC. v. ADA

No. 87-2716.

849 F.2d 436 (1988)

GUAM FRESH, INC.; Pacific Produce Co.; Payless Markets; Crown Food Distributor; International Distributors, Inc.; Pacific World Enterprises; D.S. Corporation; and Quality Food Marketing, Inc., Plaintiffs-Appellants, v. Joseph F. ADA, Governor of Guam; Joaquin N. Naputi, Acting Director, Guam Department of Agriculture, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 14, 1988.

Attorney(s) appearing for the Case

Paul A. Lawlor, Moore, Ching, Boertzel & Lawlor, Agana, Guam, for plaintiffs-appellants.

Patrick Mason, Acting Deputy Atty. Gen., and Calvin E. Holloway, Sr., Agana, Guam, for defendants-appellees.

Before GOODWIN, SCHROEDER and POOLE, Circuit Judges.

POOLE, Circuit Judge:

Plaintiffs, importers of produce into Guam, filed suit in the district court to enjoin the Guam Department of Agriculture from inspecting produce imported from Hawaii and the continental United States and from seizing infested produce. Plaintiffs appeal from the denial of their motion for a preliminary injunction, claiming that Guam's laws concerning agricultural pests, plant disease and quarantine are preempted by Section 8 of the Plant Quarantine...

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