KENNEY v. GLICKMAN

No. 95-2371.

96 F.3d 1118 (1996)

Delores J. KENNEY, Plaintiff/Appellant, Rosemary Behrens; Carol Hans; Madeline Meyer; David Nichols; Wayne Newton, Plaintiffs, Irvin Fox; Skip Numrich; Gerald Timmerman; Larry Martin; James Willrett; James Scott; H.T. Ringling; Richard Bell; Jan Houck; Robert Perry; Garland Dahl; John Haverhale; Jack Knirk; Bill Long; Mike Judy; Russ Dodge, Jr.; Phil Van Horne, Plaintiffs/Appellants, Robert Rebholtz, Plaintiff, Bub Miller; Scott Adamson; Paul Genho; Jim Keller; Earnie Reeves; Mark Armentrout, Plaintiffs/Appellants, v. Daniel GLICKMAN, Secretary of Agriculture, Defendant/Appellee.

United States Court of Appeals, Eighth Circuit.

Decided September 30, 1996.


Attorney(s) appearing for the Case

James M. Kefauver, Rockville, MD, argued (Alan B. Sternstein, Rockville, MD, and Wythe Willey, Cedar Rapids, IA, on the brief), for appellant.

Andrea M. Sharrin, Dept. of Justice, Washington, DC, for appellee.

Before McMILLIAN and BEAM, Circuit Judges, and PERRY, District Judge.


PERRY, District Judge.

Delores Kenney and fellow poultry consumers appeal from the district court's order dismissing this action for failure to state a claim. Because we find that the challenged actions and inactions of the Secretary of Agriculture are reviewable, we reverse and remand to the district court for a determination of whether the Secretary abused his discretion.

I.

The original plaintiffs, poultry consumers and red meat producers, brought...

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