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CASE v. UNITED STATES DEPT. OF AGRICULTURE

Civ. A. No. 85-1021.

642 F.Supp. 341 (1986)

Allen R. CASE, and Emma Case, Plaintiffs, v. The UNITED STATES DEPARTMENT OF AGRICULTURE and John R. Block, individually, and the Department of Agriculture of the Commonwealth of Pennsylvania and Penrose Hallowell, individually, James O. Lee, Jr., individually, Dr. Max A. VanBuskirk Jr., individually, Dr. G.J. Fichtner, individually, Defendants.

United States District Court, M.D. Pennsylvania.

September 4, 1986.

Attorney(s) appearing for the Case

Daniel M. Pell, York, Pa., for plaintiffs.

Sally A. Lied, Asst. U.S. Atty., Harrisburg, Pa., for defendants.

Thomas B. York, Deputy Atty. Gen., Harrisburg, Pa., for Dept. of Agriculture.

MEMORANDUM

CALDWELL, District Judge.

I. Introduction and Background.

The defendants have filed motions for summary judgment. Plaintiffs' complaint arises from a quarantine imposed on certain counties in Pennsylvania by the state and federal governments following an outbreak of avian influenza. Plaintiffs operate a hatchery in one of the counties. The complaint alleges violations of several constitutional...

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