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LESSER v. ESPY

No. 93-2826.

34 F.3d 1301 (1994)

Craig LESSER and Marilyn S. Lesser, Doing Business As LSR Industries, Inc., Petitioners, v. Michael ESPY, Secretary of Agriculture, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided August 30, 1994.

Attorney(s) appearing for the Case

Curry First (argued), First, Blondis, Albrecht, Bangert & Novotnak, S.C., Milwaukee, WI, for petitioners.

Margaret M. Breinholt, Raymond Fullerton, Dept. of Agriculture, Office of the Gen. Counsel, Stephen M. Reilly (argued), U.S. Dept. of Agriculture, Office of Gen. Counsel, Washington, DC, for respondent.

Before FLAUM and ROVNER, Circuit Judges, and CRABB, District Judge.

FLAUM, Circuit Judge.

Congress enacted the Animal Welfare Act, 7 U.S.C. §§ 2131-2159, to expand the regulation of animals used in scientific research. 7 U.S.C. § 2131(1). The Act authorizes the Secretary of Agriculture to promulgate standards that govern the handling, care, treatment, and transportation of such animals. 7 U.S.C. § 2143. The Act also empowers the Secretary to issue licenses to those who...

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