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DOE v. VENEMAN

No. CIV.A.W-99-CA-335.

230 F.Supp.2d 739 (2002)

John DOE # 1, John Doe # 2, and John Doe # 3, for and on behalf of themselves and a class of others similarly situated; the Texas Farm Bureau; and the American Farm Bureau Federation, Plaintiffs, v. Ann M. VENEMAN, in her official capacity as Secretary of the United States Department of Agriculture; Wildlife Services; Animal and Plant Health Inspection Service; and the United States Department of Agriculture, Defendants, and Animal Protection Institute, Intervenor-Defendant.

United States District Court, W.D. Texas, Waco Division.

September 30, 2002.

Attorney(s) appearing for the Case

Charles Stephen Kelley, Mayer, Brown, Rowe & Maw, Houston, TX, Mark R. Ter Molen, Richard F. Bulger, Mayer, Brown & Platt, Chicago, IL, for Plaintiffs.

Daniel M. Castillo, Asst. U.S. Atty., Austin, TX, for Defendants.

Virginia Brannon, James Tutchton, University of Denver, Forbes House, Denver, CO, for Intervenor-Defendant.

MEMORANDUM OPINION AND ORDER

WALTER S. SMITH, Jr., District Judge.

Plaintiffs seek relief under the Administrative Procedures Act ("APA"), 5 U.S.C. § 701, et seq., the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552, and the Privacy Act of 1974 ("Privacy Act"), 5 U.S.C. § 552a. The Federal Defendants have moved to dismiss Plaintiffs' claims, and both Defendants and Plaintiffs have moved for summary judgment. The Intervenor has been...

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