Legal Opinion

United States v. Odessa Union Warehouse Co-Op Cecil A. Schell Edward Sewall Marvin Kleyn

Court of Appeals for the Ninth Circuit

Decided November 27, 1987No. 86-4367PublishedCited by 178 opinions

1Opinion of the Court

CANBY, Circuit Judge:

INTRODUCTION

The United States brought this action to enjoin the sale and movement of wheat by appellee Odessa Union Warehouse Co-op (“Odessa”). The complaint alleged repeated violations of the Food, Drug, and Cosmetic Act (“FDCA”), 21 U.S.C. §§ 331(a), 342(a)(3) & (4). The district court denied the government’s motion for a preliminary injunction and the government appeals. Because we conclude that the district court applied an erroneous legal standard in denying the injunction, we reverse the decision and remand the case to the district court to exercise its discretion…

2Cases cited17 opinions

  1. Tennessee Valley Authority v. HillSupreme Court of the United States · 1978
  2. Amoco Production Co. v. Village of GambellSupreme Court of the United States · 1987
  3. Weinberger v. Romero-BarceloSupreme Court of the United States · 1982
  4. Hecht Co. v. BowlesSupreme Court of the United States · 1944
  5. Smith v. CaliforniaSupreme Court of the United States · 1960

12 more not listed; retrieve them via the Exa API.

3Cited by178 opinions

  1. Gomez v. VernonCourt of Appeals for the Ninth Circuit · 2001
  2. Jesse Meyer v. Portfolio Recovery AssociatesCourt of Appeals for the Ninth Circuit · 2012
  3. United States v. Miami University Ohio State University, the Chronicle of Higher Education, InterveningCourt of Appeals for the Sixth Circuit · 2002
  4. Rum Creek Coal Sales, Inc. v. CapertonCourt of Appeals for the Fourth Circuit · 1991
  5. Sierra Forest Legacy v. ReyCourt of Appeals for the Ninth Circuit · 2009

173 more not listed; retrieve them via the Exa API.

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