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HUMANE SOC. OF ROCHESTER & MONROE CTY. v. LYNG

No. CIV-86-307T.

633 F.Supp. 480 (1986)

HUMANE SOCIETY OF ROCHESTER AND MONROE COUNTY FOR the PREVENTION OF CRUELTY TO ANIMALS, INC., Douglas D. Burdick and Mary Jane Burdick, Plaintiffs, v. Richard E. LYNG, in his Official Capacity as Secretary of the United States Department of Agriculture; and Milton Hertz, in his Official Capacity as Acting Administrator of the Agricultural Stabilization and Conservation Service of the United States Department of Agriculture, Defendants.

United States District Court, W.D. New York.

April 16, 1986.

Attorney(s) appearing for the Case

Dutcher, Witt & Sidoti (Henry R. Dutcher, Joseph H. Gordon and Peter C. Lovenheim, of counsel), Rochester, N.Y., for plaintiffs.

Terrence Jackson, U.S. Dept. of Agriculture, Office of the General Counsel, Shalom Brilliant, U.S. Dept. of Justice, Washington, D.C. (Jonathan W. Feldman, Asst. U.S. Atty., of counsel), Rochester, N.Y., for defendants.

DECISION and ORDER

TELESCA, District Judge.

Plaintiffs in this action seek to have me convert the temporary restraining order I issued on April 4, 1986 into a preliminary injunction. Defendants oppose plaintiffs' motion, and have cross-moved to dismiss the action. For the reasons set forth below, the temporary restraining order is converted to a preliminary injunction, and defendants' motion to dismiss is denied.

BACKGROUND

The plaintiffs...

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