United States v. 71/55 Gallon Drums of Stuffed Green Olives

MEMORANDUM OPINION

BRIAN BARNETT DUFF, District Judge.

The government filed a complaint on March 7, 1991 requesting the forfeiture, seizure, and condemnation of an article of food, in accordance with the Federal Food, Drug, and Cosmetic Act (“The Act”), 21 U.S.C. 301 et seq. The article of food referred to was seventy-one 55 gallon drums, more or less, of stuffed green olives in brine. 1 This court has jurisdiction under 28 U.S.C. § 1345 and 21 U.S.C. § 334. The plaintiff and defendant have each filed motions for summary judgment. The government has also requested that if its motion is granted…