Legal Opinion
L & M Industries, Inc. v. George F. Kenter, Food and Drug Hearing Officer, Food and Drug Administration, Brooklyn, New York
Court of Appeals for the Second Circuit
Decided April 10, 1972No. 112, Docket 71-1551PublishedCited by 4 opinions
1Opinion of the Court
WATERMAN, Circuit Judge:
The plaintiff, L & M Industries, Inc. (L & M) appeals from Judge Walter Bruchhausen’s final judgment and order of April 20, 1971, entered in the United States District Court for the Eastern District of New York, dismissing L & M’s complaint for lack of jurisdiction over the subject matter and for failure to state a claim upon which relief could be granted.
The defendant is a Food and Drug Officer employed by the U.S. Food and Drug Administration, who had obtained a sampling of a shipment from Europe which plaintiff was seeking to import, and had then detained the…
2Cases cited4 opinions
- Stark v. WickardSupreme Court of the United States · 1944
- Social Security Board v. NierotkoSupreme Court of the United States · 1946
- Carl Borchsenius Co. v. GardnerDistrict Court, E.D. Louisiana · 1968
- L & M Industries, Inc. v. KenterDistrict Court, E.D. New York · 1971
3Cited by4 opinions
- Randolph-Sheppard Vendors of America, Inc. v. Patricia R. Harris, Secretary, Department of Health, Education and WelfareCourt of Appeals for the D.C. Circuit · 1980
- Ward v. Industrial CommissionSupreme Court of Colorado · 1985
- Meserey v. United StatesDistrict Court, D. Nevada · 1977
- DE ANDABoard of Immigration Appeals · 1979