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

No. Civ. 00-1032.

207 F.Supp.2d 992 (2002)

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, Ernie J. Mertz, John Willis, Pat Goggins, Herman Schumacher, Jerry Goebel, and Leo Zentner, 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, Nebraska Cattlemen, Inc., Gary Sharp, and Ralph Jones, Intervenors-Defendants.

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

June 21, 2002.


Attorney(s) appearing for the Case

Philip C. Olsson, Naomi J.L. Halpern, Ryan W. Stroschein, Olsson, Frank & Weeda, P.C., Washington, DC, Scott N. Heidepriem, Ronald A. Parsons, Jr., Johnson, Heidepriem, Miner, Marlow & Janklow, Sioux Falls, South Dakota, for plaintiffs.

Ori Lev, Thomas Millet, Carolyn McKee, U.S. Department of Justice, Washington, DC, Cheryl Schrempp Dupris, Assistant U.S. Attorney, Pierre, South Dakota, for defendants.

Jeffrey Alan Cole, Frieberg, Zimmer, Duncan & Nelson, Parker, South Dakota, Robert B. Frieberg, Gregory Thomas Brewers, Frieberg, Zimmer, Duncan & Nelson, Beresford, South Dakota, David S. Day, University of South Dakota School of Law, Vermillion, South Dakota, for intervenor-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, codified at 7 U.S.C. §§ 2901-11 ("the Act") and certain actions and inaction on the part of...

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