CARGILL, INC. v. U.S.

No. 97-31190.

173 F.3d 323 (1999)

CARGILL, INCORPORATED; General Chemical Corporation; Mississippi Lime Management Company; Morton International; OCI of Wyoming; Lonny Badeaux; Joseph Vendetti; Methane Awareness Resource Group; and Diesel Coalition, Plaintiffs-Appellants, v. UNITED STATES of America; Donna E. Shalala, Secretary, Department of Health and Human Services; Linda Rosenstock, Director, National Institute for Occupational Safety and Health; Richard Klausner, Director, National Cancer Institute, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 19, 1999.


Attorney(s) appearing for the Case

David Bancroft Robinson, Henry Chajet, Patton Boggs, Washington, DC, Joseph L. Lemoine, Jr., Onebane, Bernard, Torian, Diaz, McNamara & Abell, Lafayette, LA, for Plaintiffs-Appellants.

Mark Bernard Stern, U.S. Department of Justice, Carl E. Goldfarb, Department of Justice, Civil Division, Appellate Staff, Washington, DC, for Defendants-Appellees.

Before DAVIS, SMITH and WIENER, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

Plaintiffs Cargill, Incorporated, General Chemical Corporation, Mississippi Lime Management Company, Morton International, OCI of Wyoming, Lonny Badeaux, Joseph Vendetti, the Methane Awareness Resource Group, and the Diesel Coalition, which we refer to collectively as "MARG,"1 appeal the denial of injunctive and declaratory relief from alleged violations of the Federal Advisory Committee Act ("FACA"), 5 U...

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