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LIVESTOCK MARKETING ASSN. v. U.S. DEPT. OF AGRICULTURE

Civ. 00-1032.

132 F.Supp.2d 817 (2001)

LIVESTOCK MARKETING ASSOCIATION, an association of livestock markets, the Western Organization of Resource Councils, an association of grassroots of organizations that seek to protect natural resources, family farms, and rural communities, and Robert Thullner, Johnny Smith, and Ernie J. Mertz, on behalf of themselves and others similarly situated, Plaintiffs, v. UNITED STATES DEPARTMENT OF AGRICULTURE, Ann Veneman, Secretary of Agriculture, and the Cattlemen's Beef Board, an organization of cattle producers and importers charged with implementing the Beef Research and Promotion Order, Defendants.

United States District Court, D. South Dakota, Northern Division.

February 23, 2001.

Attorney(s) appearing for the Case

Philip C. Olsson, Naomi J.L. Halpern, Olsson, Frank & Weeda, P.C., Washington, DC, Scott N. Heidepriem, Ronald A. Parsons, Jr., Johnson, Heidepriem, Miner, Marlow & Janklow, Sioux Falls, SD, for Plaintiffs.

Ori Lev, Thomas Millet, U.S. Department of Justice, Washington, DC, Ted L. McBride, U.S. Attorney, Sioux Falls, Cheryl Schrempp Dupris, Assistant U.S. Attorney, Pierre, SD, for Defendants.

MEMORANDUM OPINION AND ORDER

KORNMANN, District Judge.

INTRODUCTION

[¶ 1] Plaintiffs instituted this action to challenge certain activities in connection with the Beef Promotion and Research Act (Title XVI, Subtitle A, of the Food Security Act of 1985), Pub.L. 99-198, Title XVI, § 1601, and certain actions and inaction on the part of the United States Secretary of Agriculture ("Secretary") and the Cattlemen's Beef Board ("Board"). Plaintiffs...

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