MESEREY v. UNITED STATES

No. Civil LV 76-218 RDF.

447 F.Supp. 548 (1977)

Dr. James E. MESEREY, Plaintiff, v. UNITED STATES of America, and Department of Health, Education and Welfare, and F. David Matthews, Secretary of Department of Health, Education and Welfare, and Public Health Service of the Department of H. E. W., and Food and Drug Administration, and Stephen S. Gross, Director of San Francisco District of Food and Drug Administration, and Rod Chu, Compliance Officer, San Francisco District of Food and Drug Administration, and Dick Kluge, Assistant for Import Operations, Food and Drug Administration, and Alexander Schmidt, M. D., Commissioner of Food and Drug Administration, and United States Customs Service, and Vernon Acree, Commissioner of the United States Customs Service, and Albert G. Bergesen, Regional Commissioner of District 7 of United States Customs, and George K. Brokaw, Agent for said Albert G. Bergesen, and United States Treasury Department, and William E. Simon, Secretary of United States Treasury Department, Defendants.

United States District Court, D. Nevada.

November 16, 1977.


Attorney(s) appearing for the Case

Edward R. Weinstein, Las Vegas, Nev., for plaintiff.

Lawrence J. Semenza, U. S. Atty. by Leland E. Lutfy, Asst. U. S. Atty., Las Vegas, Nev., for defendants.


MEMORANDUM OPINION AND ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

ROGER D. FOLEY, Chief Judge.

This matter has been submitted to the Court on defendants' motion for summary judgment, filed April 28, 1977, and on plaintiff's motion for summary judgment, filed June 3, 1977.

FACTS

This is a civil action for declaratory and injunctive relief, replevin and monetary damages...

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