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EDALEEN DAIRY, LLC v. JOHANNS

No. 06-5010.

467 F.3d 778 (2006)

EDALEEN DAIRY, LLC, Appellant v. Michael JOHANNS, Secretary, United States Department of Agriculture, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided October 31, 2006.

Attorney(s) appearing for the Case

Benjamin F. Yale argued the cause for appellant. With him on the briefs were Kristine H. Reed and Ryan K. Miltner.

Mark R. Freeman, Attorney, U.S. Department of Justice, argued the cause for federal appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General, and Michael S. Raab, Attorney.

Charles M. English, Jr. argued the cause for appellees United Dairymen of Arizona, et al. With him on the brief were Wendy M. Yoviene and Sara R. Pikofsky.

Marvin Beshore was on the brief for appellee Dairy Farmers of America, Inc.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

Edaleen Dairy, LLC ("Edaleen") appeals from a district court decision denying its motion for a preliminary injunction. Edaleen seeks to enjoin the Secretary of Agriculture from enforcing a new rule that changed the regulatory status of "producer-handlers" of milk, alleging that the rule exceeds the Secretary's authority under the Agricultural Marketing Agreement Act of 1937, 7 U.S.C. §§ 601-674 (2000) ("AMAA"). We need not reach...

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