United States v. Priority Products, Inc.

Opinion and Order

RESTANI, Judge:

This matter is before the court on defendants’ Rule 12(c) motion for judgment on the pleadings and defendants’ Rule 56(b) motion for summary judgment. For the reasons that follow, both motions are denied.

On February 26, 1985, the United States filed the amended complaint at issue against Priority Products, Inc., Walter L. Huss and Rosalie E. Huss. The United States is seeking to recover penalties stemming from the alleged fraudulent or negligent importation of bark tea into Portland, Oregon, after the tea was refused entry in San Francisco, California.…