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UNITED STATES v. ANDERSON SEAFOODS, INC.

MCA Nos. 77-0215, 77-0218.

447 F.Supp. 1151 (1978)

UNITED STATES of America, Plaintiff, v. ANDERSON SEAFOODS, INC., a corporation and Charles F. Anderson, an Individual, Defendants. ANDERSON SEAFOODS, INC., a corporation, and Charles F. Anderson, an Individual, Individually and on behalf of all persons similarly situated, Plaintiffs, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education & Welfare, and Donald Kennedy, Commissioner of Food and Drugs, Defendants.

United States District Court, N. D. Florida, Marianna Division.

February 8, 1978.

Attorney(s) appearing for the Case

Nickolas P. Geeker, U. S. Atty., Pensacola, Fla., and Stephen D. Terman, Eric M. Blumberg, Food and Drug Administration, Rockville, Md., for plaintiff, the United States, in MCA No. 77-0215; and for defendants Califano, et al. in MCA No. 77-0218.

Alton O. Paulk, Panama City, Fla., and Robert T. Lasky, Joseph A. Artabane, Susan A. Elliott, Cadwalader, Wickersham & Taft, Washington, D. C., for plaintiffs, Anderson Seafoods, Inc., a corporation, and Charles F. Anderson, an individual, individually and on behalf of all persons similarly situated, in MCA No. 77-0218; and for defendants, Anderson Seafoods, Inc., et al. in MCA 77-0215.

Ronald A. Zumbrun, Raymond M. Momboisee, Pacific Legal Foundation, Sacramento, Cal., and Albert Ferri, Jr., Donald C. Simpson, Pacific Legal Foundation, Washington, D. C., for amicus curiae.

MEMORANDUM DECISION

ARNOW, Chief Judge.

In early 1977, two related claims were filed in this court. On April 26 of that year, the United States brought suit against Anderson Seafoods, Inc., and Charles F. Anderson, its president (the "Enforcement Action"), No. MCA 77-0215. The United States claims that the defendants in that case have distributed fish which are "adulterated" within the meaning of section 402(a)(1) of the Food, Drug and Cosmetic Act ("Act...

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