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FOUNDATION ON ECONOMIC TRENDS v. LYNG

No. 90-5097.

943 F.2d 79 (1991)

FOUNDATION ON ECONOMIC TRENDS, et al., Appellants, v. Richard LYNG, Secretary of Agriculture, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided September 6, 1991.

Attorney(s) appearing for the Case

Karen M. Goxem, with whom Edward Lee Rogers was on the brief, for appellants.

Carol Annette Petsonk, Atty., Dept. of Justice, with whom J. Carol Williams and Elizabeth Ann Peterson, Attys., Dept. of Justice, were on the brief, for appellees.

Before BUCKLEY, WILLIAMS and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge RANDOLPH.

Opinion dissenting in part and concurring in the judgment filed by Circuit Judge BUCKLEY.

RANDOLPH, Circuit Judge:

"Germplasm" consists of plants, seeds and plant parts maintained for the purposes of study, breeding or genetic research. This action, begun in the district court, sought an injunction and a declaratory judgment against officials of the United States Department of Agriculture requiring...

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