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STATE OF TEX. v. LYNG

No. 88-2483.

868 F.2d 795 (1989)

STATE OF TEXAS, Plaintiff-Appellant, Texas Citrus Mutual, Intervenor-Appellant, v. Richard E. LYNG, Secretary, United States Department of Agriculture, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 30, 1989.

Attorney(s) appearing for the Case

Renea Hicks, Sp. Asst. Atty. Gen., Jim Mattox, Atty. Gen., Austin, Tex., for State of Tex.

Charles W. Hury, McAllen, Tex., for Texas Citrus Mut.

Joan E. Hartman, John F. Cordes, Elizabeth A. Pugh, Robert S. Greenspan, Attys, Dept. of Justice, Civ. Div., Washington, D.C., for defendant-appellee.

Before GEE, HIGGINBOTHAM, and DUHE, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Appellants challenge final rules promulgated by the United States Department of Agriculture, relaxing a quarantine on the shipment of citrus fruit from Florida to other citrus-producing areas.1 The quarantine was originally instituted to prevent the spread of citrus canker, a plant disease found in Florida citrus groves and nurseries. Appellants complain of a single "technicality" which, in their...

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