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AMERICAN HORSE PROTECTION ASS'N, INC. v. LYNG

No. 85-6166.

812 F.2d 1 (1987)

AMERICAN HORSE PROTECTION ASSOCIATION, INC., Appellant, v. Richard E. LYNG, Secretary, U.S. Department of Agriculture.

United States Court of Appeals, District of Columbia Circuit.

Decided February 24, 1987.

Attorney(s) appearing for the Case

Russell J. Gaspar, Washington, D.C., for appellant.

Patricia D. Carter, Asst. U.S. Atty., with whom Joseph E. diGenova, U.S. Atty., Royce C. Lamberth and R. Craig Lawrence, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Before STARR and WILLIAMS, Circuit Judges, and GREEN, District Judge.

Opinion for the Court filed by Circuit Judge WILLIAMS.

WILLIAMS, Circuit Judge:

The American Horse Protection Association (the "Association") appeals from a grant of summary judgment to the Secretary of Agriculture in its challenge to regulations under the Horse Protection Act, 15 U.S.C. §§ 1821-1831 (1982) (the "Act"). We find that summary judgment was inappropriate in view of the Secretary's failure to offer a satisfactory explanation of his refusal...

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