Legal Opinion

Empire Kosher Poultry, Inc. v. Hallowell, Penrose Van Buskirk, Jr., Max A. Block, John Apple, John Sharman, Euclid C

Court of Appeals for the Third Circuit

Decided April 24, 1987No. 86-5411PublishedCited by 13 opinions

1Opinion of the Court

OPINION OF THE COURT

GIBBONS, Chief Judge:

Empire Kosher Poultry, Inc. appeals from a summary judgment in favor of the defendants in its action seeking compensation for losses incurred as a result of a quarantine of poultry owned by Empire, imposed to prevent the spread of avian influenza. The defendants include officials of the Pennsylvania Department of Agriculture (PDA) (state defendants) and officials of the United States Department of Agriculture (USDA) (federal defendants).1 Empire contends that the quarantine was a taking of its property for public use without compensation, that it was…

2Cases cited29 opinions

  1. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  2. Davis v. PassmanSupreme Court of the United States · 1979
  3. Williamson v. Lee Optical of Oklahoma, Inc.Supreme Court of the United States · 1955
  4. Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
  5. Nebbia v. New YorkSupreme Court of the United States · 1934

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3Cited by13 opinions

  1. Andrew H. Yancey and Elizabeth H. Yancey, Plaintiffs/cross-Appellants v. United StatesCourt of Appeals for the Federal Circuit · 1991
  2. Meads v. North Carolina Department of AgricultureSupreme Court of North Carolina · 1998
  3. In Re Asbestos Litigation. Appeal of Raymark Industries, Inc. In No. 86-5236. In Re Asbestos Litigation. Danfield v. Johns-Manville Sales Corp., Etc., Appeal of Owens-Illinois, Inc., Keene Corporation, Pittsburgh-Corning Corporation, the Celotex Corporation, Armstrong Cork Company, Eagle-Picher Industries, Inc., Owens-Corning Fiberglas Corporation, and Fibreboard Corporation, in No. 86-5237. In Re Asbestos Litigation. John W. Gregory and Zelda F. Gregory, His Wife, Zelda F. Gregory, Administratrix and Administratrix Ad Prosequendum of the Estate of John W. Gregory, Deceased Zelda F. Gregory, Individually and Brian Gregory, a Minor by His Natural Parent and Guardian Zelda F. Gregory v. General Motors Corporation, Joseph Doe, Tom Doe, Harry Doe, Robert Doe, Ken Doe, Daniel Doe, Larry Doe, Edward Doe, Sam Doe, Jack Doe, Fred Doe, Vince Doe. Appeal of General Motors Corporation, in No. 86-5370Court of Appeals for the Third Circuit · 1987
  4. Perez v. CucciDistrict Court, D. New Jersey · 1989
  5. Chabal v. ReaganCourt of Appeals for the Third Circuit · 1987

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