B. R. Slocum D/B/A Animal World v. United States of America and Earl Butz

GEE, Circuit Judge:

This case, somewhat less than run-of-the-mill, concerns mynah birds, African grey parrots, a variety of other exotic species to the retail value of half a mil lion dollars — and Velogenic Viscerotropic Newcastle Disease (VVND), a deadly, communicable avian disease. 1

The Facts

Appellee B. R. Slocum, an importer of exotic birds, brought these birds into the country and, as required, quarantined them at two of his facilities in Florida. United States Department of Agriculture specialists inspected the birds, took tissue samples, and by established laboratory techniques isolated…