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GOETZ v. GLICKMAN

No. 96-3120.

149 F.3d 1131 (1998)

Jerry GOETZ d/b/a Jerry Goetz and Sons, individually and on behalf of others similarly situated, Plaintiff-Appellant, v. Dan GLICKMAN, Secretary, United States Department of Agriculture, Defendant-Appellee, and Willie Reibel, Rodney and Larry Mense, Jan Lyons, Kansas Livestock Association, National Cattlemen's Association, and National Livestock and Meat Board, Intervenors-Appellees.

United States Court of Appeals, Tenth Circuit.

July 10, 1998.

Attorney(s) appearing for the Case

David R. Klaassen (Clarence L. King and Brian W. Wood of Hampton, Royce, Engleman & Nelson, L.C., Salina, Kansas, with him on the brief), Marquette, Kansas, appearing for Plaintiff-Appellant.

Douglas N. Letter and Sushma Soni, United States Department of Justice, Washington, D.C., appearing for Defendant-Appellee.

Wayne Watkinson and Richard T. Rossier of McLeod, Watkinson & Miller (John G. Roberts, Jr. and Gregory G. Garre of Hogan & Hartson, L.L.P., Washington, D.C., with them on the brief), Washington, D.C., appearing for Intervenors-Appellees.

Before MURPHY and LOGAN, Circuit Judges, and MILES-LaGRANGE, District Judge.

MILES-LaGRANGE, District Judge.

Plaintiff Jerry Goetz ("Goetz"), a Kansas cattle farmer, appeals the district court's ruling in favor of Dan Glickman, Secretary, U.S. Department of Agriculture ("Secretary"). Goetz claims the Beef Promotion and Research Act of 1985, 7 U.S.C. § 2901(a) ("Beef Promotion Act" or "Act"), is unconstitutional. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we affirm.

Facts and Proceedings Below

Goetz filed...

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