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MISSISSIPPI POULTRY ASS'N, INC. v. MADIGAN

No. 92-7420.

31 F.3d 293 (1994)

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.

September 9, 1994.

Attorney(s) appearing for the Case

Bruce S. Kingsdorf, New Orleans, LA, N. David Palmeter, Michael Jay Singer, Asst. Dir., Mudge, Rose, Guthrie Alexander & Ferdon, Mark W. Pennak, Barbara C. Biddle, U.S. Dept. of Justice, Appellate Staff, Civ. Div., Washington, DC, for amicus curiae — Footwear Distributors and Retailers of Am. Cleveland, Barrios, Kingsdorf & Casteix.

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 appellees.

Before POLITZ, Chief Judge, REAVLEY, KING, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHÉ, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS and STEWART, Circuit Judges.

WIENER, Circuit Judge:

Today we must decide whether a critical inspection standard contained in a regulation promulgated by the Secretary of Agriculture ("Secretary") is contrary to the plain language of § 17(d) of the Poultry Products Inspection Act ("PPIA").1

Under the PPIA, Congress devised a two-track system for regulating domestic poultry production: Domestic producers who wish...

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