Legal Opinion
Caribbean Produce Exchange, Inc. v. Secretary of Health and Human Services
Court of Appeals for the First Circuit
Decided December 28, 1989No. 89-1257PublishedCited by 18 opinions
1Opinion of the Court
COFFIN, Senior Circuit Judge.
The Secretary of Health and Human Services (Secretary) challenges a permanent injunction barring the Food and Drug Administration (FDA) from preventing the importation of garlic until its procedures for detecting impermissible spoilage have met the notice and comment requirements of the Administrative Procedure Act. 5 U.S.C. § 553.
This case arose out of the following circumstances. On August 7, 1988 a shipment of 6,912 crates of fresh, raw, purple, Spanish garlic consigned to Caribbean Produce Exchange, Inc. (Caribbean), arrived in San Juan, Puerto Rico, from…
2Cases cited8 opinions
- University of Texas v. CamenischSupreme Court of the United States · 1981
- Michele Levesque v. John R. Block, Secretary of Agriculture, Michele Levesque v. John R. Block, Secretary of Agriculture, Richard A. ChevrefilsCourt of Appeals for the First Circuit · 1983
- Elizabeth Lebeau v. Thomas Spirito, Etc.Court of Appeals for the First Circuit · 1983
- Raymond J. Donovan, Secretary of Labor, United States Department of Labor v. Wollaston Alloys, Inc.Court of Appeals for the First Circuit · 1983
- Sharon D. Welch v. United StatesCourt of Appeals for the First Circuit · 1985
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Francisco Sanchez v. Esso Standard Oil Co.Court of Appeals for the First Circuit · 2009
- Nl Industries, Inc. v. Ghr Energy Corporation, Southern States Exploration, Inc., and S.A. Holditch & Associates, Inc.Court of Appeals for the Fifth Circuit · 1991
- Roberts v. Community Hospitals of Indiana, Inc.Indiana Supreme Court · 2008
- Lamex Foods, Inc. v. Audeliz Lebron, Corp.Court of Appeals for the First Circuit · 2011
- K-Mart Corp. v. DavisDistrict Court, D. Puerto Rico · 1991
13 more not listed; retrieve them via the Exa API.