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MISSISSIPPI POULTRY ASS'N, INC. v. MADIGAN

No. 92-7420.

992 F.2d 1359 (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.

May 28, 1993.

Attorney(s) appearing for the Case

Michael Jay Singer, Asst. Director, Mark W. Pennak and Barbara C. Biddle, U.S. Dept. of Justice Civ. 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.

This is an appeal from the district court's grant of summary judgment rejecting the Secretary of Agriculture's interpretation of a critical inspection standard contained in the Poultry Products Inspection Act (PPIA).1 Like Pertelote, we heed Chanticleer's2 clarion call to resolve the central issue of this most recent in a long and illustrious line of gallinaceous litigation:

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