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WHITE EAGLE CO-OP. ASS'N v. JOHANNS

Case No. 3:05-CV-0620-AS.

396 F.Supp.2d 954 (2005)

WHITE EAGLE COOPERATIVE ASSOCIATION, et al., Plaintiffs, v. Mike JOHANNS, Secretary of Agriculture, United States Department of Agriculture, Defendants.

United States District Court, N.D. Indiana, South Bend Division.

October 28, 2005.

Attorney(s) appearing for the Case

J. Thomas Vetne, Timothy W. Woods, Jones Obenchain Llp, South Bend, IN, for Plaintiffs.

Justin M. Sandberg, U.S. Department of Justice, Mas/Was/DC, Washington, DC, Clifford D. Johnson, U.S. Attorney's Office, Sb/IN, John H. Lloyd, Plews Shadley Racher & Braun, Sb/IN, South Bend, IN, Marvin Beshore Phv, Law Offices of Marvin Beshore, Harrisburg, PA, for Defendants.

MEMORANDUM, ORDER AND OPINION

ALLEN SHARP, District Judge.

Now before the Court is Plaintiffs' motion for preliminary injunction or, in the alternative, for stay of final action of the U.S. Department of Agriculture ("USDA"). The plaintiffs contend that USDA issued a final decision and final rule on an "emergency" basis without following proper administrative procedures. They now ask the Court to enjoin the enforcement of that rule or to postpone...

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