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KREIDER DAIRY FARMS, INC. v. GLICKMAN

Nos. 98-1906, 98-1982 and 98-1983.

190 F.3d 113 (1999)

KREIDER DAIRY FARMS, INC., a Pennsylvania Family Farm Corporation v. Dan GLICKMAN, Secretary of the United States Department of Agriculture Dan Glickman, Appellant in No. 98-1906, (D.C.98-cv-00518) Kreider Dairy Farms, Inc., a Pennsylvania Family Farm Corporation v. Dan Glickman, Secretary of the United States Department of Agriculture; Ahava Dairy Products, Inc. Kreider Dairy Farms, Inc., Appellant in No. 98-1982, (D.C.95-cv-06648) Kreider Dairy Farms, Inc., a Pennsylvania Family Farm Corporation v. Dan Glickman, Secretary of the United States Department of Agriculture Kreider Dairy Farms, Inc., Appellant in No. 98-1983, (D.C.98-cv-00518)

United States Court of Appeals, Third Circuit.

Filed: August 27, 1999.

Attorney(s) appearing for the Case

Marvin Beshore (Argued), Dawn L. Lisi, Milspaw & Beshore, Harrisburg, PA, Counsel for Kreider Dairy Farms.

David W. Ogden, Acting Assistant Attorney General, Michael R. Stiles, United States Attorney, Barbara C. Biddle, United States Department of Justice, Civil Division, Appellate Staff, Washington, D.C., Michael E. Robinson, United States Department of Justice, Appellate Section, Douglas Hallward-Driemeier (Argued), United States Department of Justice, Civil Division, Appellate Staff, Washington, D.C., Counsel for United States Department of Agriculture.

Before: SLOVITER and MANSMANN, Circuit Judges, and WARD, District Judge.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

These appeals implicate important issues related to our appellate jurisdiction in the context of a dispute over dairy regulations. Specifically, we must determine the extent to which our jurisdiction extends to District Court orders remanding for further factual findings in administrative proceedings in light of Forney v. Apfel, 524 U.S. 266, 118 S.Ct. 1984, 141 L.Ed.2d...

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