BALMACEDA v. U.S.

Civ. A. No. 92-0907.

815 F.Supp. 823 (1992)

BALMACEDA, et al. v. UNITED STATES of America.

United States District Court, E.D. Pennsylvania.

December 29, 1992.


Attorney(s) appearing for the Case

Edward W. Madeira, Jr. and Robert L. Hickock, Pepper, Hamilton & Scheetz, Philadelphia, PA, for plaintiffs in Nos. 92-0907, 92-1204, 92-1208 and 92-1279.

Phyllis J. Pyles, U.S. Dept. of Justice, Torts Branch, Civ. Div., Washington, DC, for defendants in Nos. 92-0907, 92-1204, 92-1208, 92-1279, 92-2818 and 92-4057.

Kirk M.H. Lyons, Walker & Corsa, Hoboken, NJ, for plaintiff in No. 92-2818.

Albert C. Oehrle, Norristown, PA, and Kurt W. Hallock, Clark & Hallock, San Diego, CA, for plaintiff in No. 92-4057.


MEMORANDUM AND ORDER

HUTTON, District Judge.

Presently before the Court is the defendant United States of America's Motion to Dismiss the five consolidated actions brought under the Federal Tort Claims Act.1 These actions allege that the Food and Drug Administration ("FDA") negligently performed cyanide testing which resulted in the denial of Chilean fruit into the United States. Defendant moves to dismiss for lack of subject...

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