U.S. v. FOOD, 2,998 CASES

No. 94-30389.

64 F.3d 984 (1995)

UNITED STATES of America, Plaintiff-Appellant, v. FOOD, 2,998 CASES, etc., Defendant. First Phoenix Group, Ltd., Claimant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 26, 1995.

Attorney(s) appearing for the Case

Peter R. Maier, Douglas N. Letter, Appellate Lit. Counsel, U.S. Dept. of Justice, Washington, DC, Patricia J. Kaeding, Asst. Chief Counsel, U.S. Food & Drug Admin., Rockville, MD, for appellant.

John J. Broders, Jones, Walker, Waechter, Poitevent, Carrère & Denegre, New Orleans, LA, Barry J. Reingold, Leonard E. Santos, Kara M. Sacilotto, Perkins, Coie, Washington, DC, for appellee.

Before WOOD, Jr., JOLLY and DeMOSS, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

This appeal presents complex, difficult, and close questions. It is, however, a case that is unlikely to arouse widespread passion.

The case begins with an import alert for mushrooms canned in China and falsely bearing the labels of certain Taiwanese manufacturers. Based on the alert, the Food and Drug Administration (the "FDA") detained two shipments of mushrooms owned by appellee First...

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