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ANIMAL LEGAL DEFENSE FUND, INC. v. ESPY

Nos. 93-5127 and 93-5140.

29 F.3d 720 (1994)

ANIMAL LEGAL DEFENSE FUND, INC., et al., Appellees, v. Mike ESPY, Secretary, United States Department of Agriculture, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided July 22, 1994.

Attorney(s) appearing for the Case

Robert V. Zener, Atty., U.S. Dept. of Justice, Washington, DC, argued the cause for the appellants in No. 93-5127. On brief were Frank W. Hunger, Asst. Atty. Gen., U.S. Dept. of Justice, and Eric H. Holder, Jr., U.S. Atty., Washington, DC. Thomas W. Millet and Henry D. Gabriel, Attys., U.S. Dept. of Justice, Washington, DC, entered an appearance.

Harris Weinstein, Washington, DC, argued the cause for the appellants in No. 93-5140. On brief was Michael P. Socarras, Washington, DC.

Valerie J. Stanley, Rockville, MD, argued the cause for the appellees in Nos. 93-5127 and 93-5140.

On the brief were Robert H. Loeffler, Ellen E. Deason, Washington, DC, Stephen S. Dunham, Roxanne Jensen, Denver, CO, and Sheldon E. Steinbach, Washington, DC, for amici curiae urging the district court order should be vacated for lack of jurisdiction.

Before MIKVA, Chief Judge; WILLIAMS and HENDERSON, Circuit Judges.

Opinion for the court filed by Circuit Judge KAREN LeCRAFT HENDERSON.

Concurring opinion filed by Chief Judge MIKVA.

KAREN LeCRAFT HENDERSON, Circuit Judge:

The appellants, various government agencies and officials sued below and intervenor National Association for Biomedical Research, seek reversal of a district court decision setting aside United States Department of Agriculture (USDA) regulations promulgated...

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