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PENNINGTON SEED, INC. v. U.S.

No. 92-5179.

10 F.3d 6 (1993)

PENNINGTON SEED, INC., Appellant, v. UNITED STATES of America.

United States Court of Appeals, District of Columbia Circuit.

Decided December 3, 1993.

Attorney(s) appearing for the Case

Walter A. Smith, Jr., with whom Gary Jay Kushner, Washington, DC, was on brief, for appellant.

Thomas S. Rees, Asst. U.S. Atty., with whom J. Ramsey Johnson, U.S. Atty., John D. Bates and R. Craig Lawrence, Asst. U.S. Attys., Washington, DC, were on brief, for appellee.

Before: SILBERMAN and RANDOLPH, Circuit Judges; FRANK M. COFFIN, Senior Circuit Judge, United States Court of Appeals for the First Circuit.

Opinion for the Court filed by Senior Circuit Judge COFFIN.

COFFIN, Senior Circuit Judge.

The Secretary of Agriculture required appellant Pennington Seed, Inc., to destroy or dispose of grass seed shipments that contained a "noxious weed" banned by one of two federal statutes governing seed importations. In this lawsuit, Pennington claims that the shipments fell under the jurisdiction of (and were permitted by) the other seed statute, that the destruction...

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