No. 90-1364.

932 F.2d 920 (1991)

ANIMAL LEGAL DEFENSE FUND, the American Society for the Prevention of Cruelty to Animals, the Marin Humane Society, Wisconsin Family Farm Defense Fund, John Kinsman, Michael Cannell, Humane Farming Association, Association of Veterinarians for Animal Rights, People for the Ethical Treatment of Animals, Plaintiffs-Appellants, v. Donald J. QUIGG and C. William Verity, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

April 30, 1991.

Attorney(s) appearing for the Case

Valerie Stanley, Galvin, Stanley & Hazard, Washington, D.C., argued for plaintiffs-appellants. Steven M. Wise, Fraser & Wise, P.C., Boston, Mass., argued for plaintiffs-appellants. Joyce S.A. Tischler, Animal Legal Defense Fund, San Rafael, Cal., was on the brief for plaintiffs-appellants. Kenneth D. Ross, Ross & Harrington, Chicago, Ill., of counsel.

John F. Daly, Dept. of Justice, Washington, D.C., argued for defendants-appellees. Stuart M. Gerson, Asst. Atty. Gen., William T. McGivern, U.S. Atty., Barbara L. Herwig, Dept. of Justice, Washington, D.C., were on the brief for defendants-appellees. Also on the brief was Fred E. McKelvey, Sol., U.S. Patent & Trademark Office, Arlington, Va., of counsel.

Before NIES, Chief Judge, and MARKEY, ARCHER, MAYER and LOURIE, Circuit Judges.

NIES, Chief Judge.

This is an appeal from the order of the District Court for the Northern District of California (Smith, J.) granting defendants' motion to dismiss the complaint in Animal Legal Defense Fund v. Quigg, 710 F.Supp. 728, 9 USPQ2d 1816 (N.D.Cal.1989), for failure to state a claim under the Administrative Procedure Act, Pub.L. No. 89-554, 80 Stat. 383 (1966) (APA). Various plaintiffs, individual farmers and...

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