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FARM-TO-CONSUMER LEGAL DEFENSE FUND v. SEBELIUS

No. C 10-4018-MWB.

734 F.Supp.2d 668 (2010)

FARM-TO-CONSUMER LEGAL DEFENSE FUND, Laurie Donnelly, Jennifer Allen, Dr. Joseph Heckman, Dane Miller, Cynthea Lee Rose, Eric Wagoner, Anne Cooper, and Michael Buck, Plaintiffs, v. Kathleen SEBELIUS, in her official capacity as Secretary, United States Department of Health and Human Services, United States Department of Health and Human Services, Margaret Hamburg, in her official capacity as Commissioner, United States Food and Drug Administration, and United States Food and Drug Administration, Defendants.

United States District Court, N.D. Iowa, Western Division.

August 18, 2010.

Attorney(s) appearing for the Case

David G. Cox, Law Office of David G. Cox, Columbus, OH, Wallace L. Taylor, Cedar Rapids, IA, for Plaintiffs.

Martha A. Fagg, U.S. Attorney's Office, Sioux City, IA, Roger Joseph Gural, United States Department of Justice, Washington, DC, for Defendants.

MEMORANDUM OPINION AND ORDER REGARDING DEFENDANTS' MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION AND FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED

MARK W. BENNETT, District Judge.

TABLE OF CONTENTS

  I. INTRODUCTION  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .675
       A.  Factual Background. . . . . . . . . . . . . . . . . . . . . . . . . . . . .675
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