AMERICAN FEDERATION OF GOV. EMPLOYEES v. VENEMAN

No. 01-5035.

284 F.3d 125 (2002)

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, et al., Appellants v. Ann M. VENEMAN, Secretary of the U.S. Department of Agriculture, et al., Appellees

United States Court of Appeals, District of Columbia Circuit.

Decided March 29, 2002.


Attorney(s) appearing for the Case

Anne M. Wagner argued the cause and filed the briefs for appellants. With her on the briefs was Mark Roth.

Charles W. Scarborough, Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the briefs were Roscoe C. Howard, Jr., U.S. Attorney, Mark B. Stern and Colette G. Matzzie, Attorneys, U.S. Department of Justice. Barbara C. Biddle, Assistant Director, U.S. Department of Justice, entered an appearance.

Before: GINSBURG, Chief Judge, RANDOLPH and TATEL, Circuit Judges.


Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

This case returns to us after proceedings on remand from Am. Fed'n of Gov't Employees v. Glickman, 215 F.3d 7 (D.C.Cir.2000) ("AFGE I"). The United States Department of Agriculture ("USDA") had attempted to test a new inspection model at several hog and poultry processing plants. AFGE I held that, as implemented, the model...

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