Opinion for the Court filed by Circuit Judge MIKVA.
MIKVA, Circuit Judge:
The Secretary of the Department of Agriculture and the defendant-intervenors below appeal from an order granting summary judgment to the American Horse Protection Association ("AHPA") and vacating regulations promulgated under the Horse Protection Act, 15 U.S.C. §§ 1821-1831 (1988) (the "Act"). The district court decided that the agency regulations permitting the use of six...
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