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U.S. v. UNIVERSAL FRUITS AND VEGETABLES CORP.

No. 02-55340.

370 F.3d 829 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. UNIVERSAL FRUITS AND VEGETABLES CORPORATION; David Pai, aka Shih Wei Pai; Jason Pai, aka Chung Sheng Pai, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed March 17, 2004.

Amended June 2, 2004.

Attorney(s) appearing for the Case

Gina McCoy, Horvitz & Levy LLP, Encino, CA, argued the cause for the appellants and filed briefs. Mitchell C. Tilner also was on the briefs.

Douglas Hallward-Driemeier, an attorney on the appellate staff of the Civil Division, United States Department of Justice, Washington, DC, argued the cause for the appellee and filed a brief. Robert D. McCallum, Assistant Attorney General, Debra W. Yang, United States Attorney, and Douglas N. Letter, also were on the brief.

Before REINHARDT, O'SCANNLAIN, and FISHER, Circuit Judges.

ORDER AND AMENDED OPINION

ORDER

The government's "motion to direct transfer pursuant to 28 U.S.C. § 1631 or, in the alternative, petition for panel rehearing" is GRANTED.

Accordingly, the opinion filed March 17, 2004 is amended as follows:

Slip. op. at 3320 n. 13: At the very beginning of this footnote, insert the following language: "While the question of its jurisdiction...

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