Legal Opinion

Guam Fresh, Inc. v. Ada

Court of Appeals for the Ninth Circuit

Decided June 14, 1988No. 87-2716PublishedCited by 8 opinions

1Opinion of the Court

POOLE, Circuit Judge:

Plaintiffs, importers of produce into Guam, filed suit in the district court to enjoin the Guam Department of Agriculture from inspecting produce imported from Hawaii and the continental United States and from seizing infested produce. Plaintiffs appeal from the denial of their motion for a preliminary injunction, claiming that Guam’s laws concerning agricultural pests, plant disease and quarantine are preempted by Section 8 of the Plant Quarantine Act of 1912, as amended, 7 U.S.C. § 161 (1982) (the Act). We affirm.

PROCEEDINGS BELOW

Plaintiffs filed this suit and obtained…

2Cases cited5 opinions

  1. Puerto Rico Department of Consumer Affairs v. Isla Petroleum Corp.Supreme Court of the United States · 1988
  2. Oregon-Washington Railroad & Navigation Co. v. WashingtonSupreme Court of the United States · 1926
  3. Hinkle v. Railway Express AgencySupreme Court of Alabama · 1942
  4. Kasch's Garden Centers & Nurseries v. Department of AgricultureCourt of Appeals of Oregon · 1987
  5. Trans Meridian Trading Inc. v. Empresa Nacional De Comercializacion De InsumosCourt of Appeals for the Ninth Circuit · 1987

3Cited by8 opinions

  1. Rent-A-Center, Inc. v. Canyon Television & Appliance Rental, Inc.Court of Appeals for the Ninth Circuit · 1991
  2. United States v. Ernest G.M. RowlandCourt of Appeals for the Ninth Circuit · 2006
  3. Rent-A-Center, Inc. v. Canyon Television And Appliance Rental, Inc.Court of Appeals for the Ninth Circuit · 1991
  4. Guam Society Of Obstetricians And Gynecologists v. AdaCourt of Appeals for the Ninth Circuit · 1996
  5. Alaska Airlines, Inc. v. Department of Food & AgricultureCalifornia Court of Appeal · 1995

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