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JOHN DOE # 1 v. GLICKMAN

No. 00-50832 Summary Calendar.

256 F.3d 371 (2001)

JOHN DOE # 1, for and on behalf of themselves and a Class of Others Similarly situated; John Doe # 2, for and on behalf of themselves and a Class of Others Similarly situated; Texas Farm Bureau; The American Farm Bureau Federation; John Doe # 3, Plaintiffs-Appellees, v. Daniel GLICKMAN, Etc.; et al., Defendants, Animal Protection Institute, Movant-Appellant.

United States Court of Appeals, Fifth Circuit.

Revised July 20, 2001.

Attorney(s) appearing for the Case

Timothy S. Bishop, Kermit Roosevelt, Mark Richard Ter Molen, Mayer, Brown & Platt, Chicago, IL, Charles Stephen Kelley, Mayer, Brown & Platt, Houston, TX, for Plaintiffs-Appellees.

James Jay Tutchton, Earthjustice Legal Defense Fund, Denver, CO, for Movant-Appellant.

Before REYNALDO G. GARZA, BARKSDALE and STEWART, Circuit Judges.

REYNALDO G. GARZA, Circuit Judge:

The Appellant, the Animal Protection Institute ("the Institute"), appeals the Waco Federal District Court's dismissal of its motion to intervene in Doe v. Glickman, CV No. W-99-CA-335. For the reasons stated below, we Reverse.

1. Factual and Procedural Background.

This case arises out of the Institute's request that the United States Department of Agriculture ("USDA"), acting through Wildlife...

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