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LONGHI v. ANIMAL & PLANT HEALTH INSPECTION SERV.

No. 97-3897.

165 F.3d 1057 (1999)

Tammi LONGHI and L & H Associates, Petitioners, v. ANIMAL AND PLANT HEALTH INSPECTION SERVICE, United States Department of Agriculture, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided January 25, 1999.

Attorney(s) appearing for the Case

Nancy L. Kahn (argued and briefed), Foster, Swift, Collins & Smith, Farmington Hills, MI, for Tammi Longhi and L & H Associates.

Cathrine G. O'Sullivan, U.S. Dept. of Justice, Antitrust Division, Washington, DC, M. Bradley Flynn (argued and briefed), U.S. Dept. of Agriculture, Office of General Counsel, Washington, DC, Sharlene A. Deskins, U.S. Dept. of Agriculture, Office of Hearing Clerk, Washington, DC, for Animal & Plant Health Inspection Service.

Cathrine G. O'Sullivan, U.S. Dept. of Justice, Antitrust Division, Washington, DC, Sharlene A. Deskins, U.S. Dept. of Agriculture, Office of Hearing Clerk, Washington, DC, for U.S. Dept. of Agriculture.

Before: NELSON, MOORE, and CLAY, Circuit Judges.

OPINION

DAVID A. NELSON, Circuit Judge.

This matter comes before us on a petition for review of an Agriculture Department order denying an application for a Class "A" dealer's license under the Animal Welfare Act, 7 U.S.C. §§ 2131 et seq. Piercing the corporate veil of an existing Class "B" licensee, the agency denied the application on the ground that if the Class "A" license were granted there would be a violation of a regulatory prohibition...

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