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JAMES V. HURSON ASSOCIATES, INC. v. GLICKMAN

No. 99-5305.

229 F.3d 277 (2000)

JAMES V. HURSON ASSOCIATES, INCORPORATED, Appellant, v. Dan GLICKMAN, Secretary of the United States Department of Agriculture, and The United States Department of Agriculture, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided October 24, 2000.

Attorney(s) appearing for the Case

Robert J. Brooks argued the cause and filed the briefs for appellant.

Charles W. Scarborough, Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were David W. Ogden, Acting Assistant Attorney General, Barbara C. Biddle, Attorney, and Wilma A. Lewis, U.S. Attorney.

Before: WILLIAMS, SENTELLE and ROGERS, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

James V. Hurson Associates appeals from a District Court judgment upholding a United States Department of Agriculture ("USDA") rule that controls the manner in which the agency receives requests for the approval of food labeling. Appellant contends that the USDA violated the Administrative Procedure Act ("APA"), 5 U.S.C. § 551 et seq. (1994), by promulgating that rule...

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