ROSE ACRE FARMS, INC. v. MADIGAN

Nos. 91-2358, 91-2514.

956 F.2d 670 (1992)

ROSE ACRE FARMS, INC., Plaintiff-Appellee, Cross-Appellant, v. Edward MADIGAN, Secretary of Agriculture, et al., Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 10, 1992.

Rehearing Denied February 26, 1992.


Attorney(s) appearing for the Case

Bradley M. Thompson, Brian K. Burke (argued), David A. Given, Baker & Daniels, Indianapolis, Ind., for plaintiff-appellee, cross-appellant.

Gerald A. Coraz, Asst. U.S. Atty., Deborah J. Daniels, U.S. Atty., Indianapolis, Ind., Stuart M. Gerson, Office of the U.S. Atty. Gen., Douglas Letter, Matthew M. Collette, Jeffrey Clair (argued), Dept. of Justice, Civ. Div., Appellate Section, Thomas W. Millet, Stephen G. Harvey, Dept. of Justice, Federal Programs Branch-Civ. Div., Washington, D.C., for defendants-appellants, cross-appellees.

Before BAUER, Chief Judge, and EASTERBROOK and KANNE, Circuit Judges.


EASTERBROOK, Circuit Judge.

The bacterium Salmonella enteritidis serotype enteritidis produces a violent illness, accompanied by fever, diarrhea, and vomiting, often requiring hospitalization. In the young, the old, and those weak for other reasons, salmonella can be fatal. (For convenience we call both the bacterium and the disease "salmonella.") Milk and poultry products provide nutrients for the bacterium, and improperly handled food is its principal...

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