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RANCHERS CATTLEMEN ACTION LEGAL FUND v. USDA

No. CIV 07-1023.

566 F.Supp.2d 995 (2008)

RANCHERS CATTLEMEN ACTION LEGAL FUND; United Stockgrowers of America; Herman R. Schumacher; Robert P. Mack; Ernie J. Mertz; Wayne J. Nelson; South Dakota Stockgrowers Association; Center for Food Safety; Consumer Federation of America; Creutzfeldt-Jakob Disease Foundation, Inc.; Food & Water Watch; and Public Citizen, Plaintiffs, v. UNITED STATES DEPARTMENT OF AGRICULTURE; Animal and Plant Health Inspection Service; Charles F. Conner, in his capacity as the Acting Secretary of Agriculture, Defendants.

United States District Court, D. South Dakota, Northern Division.

July 3, 2008.

Attorney(s) appearing for the Case

Russell S. Frye, Frye Law PLLC, William Miller, William Miller Group, PLLC, Washington, DC, Thomas P. Tonner, Thomas M. Tobin, Tonner, Tobin & King, Aberdeen, SD, for Plaintiffs.

Cheryl Schrempp Dupris, Pierre, SD, Donna S. Fitzgerald, Lisa Ann Olson, U.S. Department of Justice, Washington, SD, Diana J. Ryan, U.S. Attorney's Office, Sioux Falls, SD, for Defendants.

MEMORANDUM OPINION AND ODER ON MOTION FOR PRELIMNARY INJUNCTION

LAWRENCE L. PIERSOL, District Judge.

This matter is before the Court for a decision on the plaintiffs' Motion for Preliminary Injunction. The plaintiffs ("Plaintiffs") filed a Verified Complaint for Declaratory and Injunctive Relief against the United States Department of Agriculture ("USDA"), Animal and Plant Health Inspection Service ("APHIS"), and the Acting Secretary of Agriculture, to prevent...

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