United States v. Odessa Union Warehouse Co-Op Cecil A. Schell Edward Sewall Marvin Kleyn
Court of Appeals for the Ninth Circuit
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
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- Amoco Production Co. v. Village of GambellSupreme Court of the United States · 1987
- Weinberger v. Romero-BarceloSupreme Court of the United States · 1982
- Hecht Co. v. BowlesSupreme Court of the United States · 1944
- Smith v. CaliforniaSupreme Court of the United States · 1960
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- Sierra Forest Legacy v. ReyCourt of Appeals for the Ninth Circuit · 2009
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