Legal Opinion

United States v. An Article of Food Consisting of 345/50-Pound Bags, Etc., Marshall Minerals, Inc., Intervenor-Appellant

Court of Appeals for the Fifth Circuit

Decided July 30, 1980No. 79-3656PublishedCited by 30 opinions

1Opinion of the Court

CHARLES CLARK, Circuit Judge:

In this appeal we review an order of the district court granting the government’s motion for summary judgment. Because the district court erred by assessing the probative value of the evidence and because genuine issues of material fact exist, we reverse the judgment appealed from and remand this action to the district court.

These libel proceedings 1 are but one phase of an ongoing dispute 2 between Mar shall Minerals, Inc., [Marshall] and the Food and Drug Administration [the FDA] over the possible food additive status of a poultry feed premix product…

2Cases cited25 opinions

  1. Adam G. Nunez v. The Superior Oil CompanyCourt of Appeals for the Fifth Circuit · 1978
  2. Bernard E. Keiser v. Coliseum Properties, Inc., A. Don Fleck v. Auditing Services, Inc., H. G. Lortscher v. Auditing Services, Inc.Court of Appeals for the Fifth Circuit · 1980
  3. Doris L. Gossett v. Du-Ra-Kel Corporation, D/B/A Swanee's Motel, and Duane v. Swanson, IndividuallyCourt of Appeals for the Fifth Circuit · 1978
  4. Joe P. Farina v. Mission Investment TrustCourt of Appeals for the Fifth Circuit · 1980
  5. UNITED STATES of America, Plaintiff-Appellant, v. HANGAR ONE, INC. (Formerly Known as Southern Airways Company), Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1977

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3Cited by30 opinions

  1. McLaughlin v. City of LaGrangeCourt of Appeals for the Eleventh Circuit · 1981
  2. Richard Rise, Ind., Etc. v. United States of America, Defendant-Third Party v. Floyd R. Cooper and South Fulton Hospital, Third-PartyCourt of Appeals for the Third Circuit · 1980
  3. United States v. Articles of Drug Consisting of the Following: 5,906 Boxes, Etc., United States of America v. Alcon Laboratories (Puerto Rico), Inc.Court of Appeals for the First Circuit · 1984
  4. Southeastern Minerals, Inc. And Marshall Minerals, Inc. v. Patricia Roberts Harris, as Secretary of Health and Human ServicesCourt of Appeals for the Fifth Circuit · 1980
  5. Heller v. NamerCourt of Appeals for the Fifth Circuit · 1982

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