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MISSISSIPPI POULTRY ASS'N, INC. v. MADIGAN

No. 92-7420.

9 F.3d 1113 (1993)

MISSISSIPPI POULTRY ASSOCIATION, INC., et al., Plaintiffs-Appellees, v. Edward R. MADIGAN, Secretary of the United States Department of Agriculture, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

November 16, 1993.

Attorney(s) appearing for the Case

Michael Jay Singer, U.S. Dept. of Justice, Asst. Dir., Appellate Staff, Civil Div., Mark W. Pennak, Barbara Biddle, U.S. Dept. of Justice, Civil Div., Appellate Staff, Washington DC, for defendants-appellants.

Hubbard T. Saunders, IV, William J. Cole, III, Crosthwait, Terney, Noble & Allain, Jackson, MS, William A. Bradford, Jr., Gary Jay Kushner, Hogan & Hartson, Washington DC, for plaintiffs-appellees.

Before REAVLEY, KING, and WIENER, Circuit Judges.

WIENER, Circuit Judge.

The majority opinion in this case, filed on May 28, 1993 and reported at 992 F.2d 1359, is amended by the addition thereto of the following:

Alternatively, if we accept arguendo the foundation of the Secretary's argument — that the phrase "the same as" is ambiguous — we conclude that the Secretary's interpretation of that phrase must fail. The reason it must fail is that the second prong...

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