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HERSHEY FOODS CORP. v. DEPARTMENT OF AGRICULTURE

No. 01-5169.

293 F.3d 520 (2002)

HERSHEY FOODS CORPORATION, Appellant, v. DEPARTMENT OF AGRICULTURE, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided June 18, 2002.

Attorney(s) appearing for the Case

Andrew G. McBride argued the cause for appellant. With him on the briefs was Eve J. Klindera. Robert M. Reese entered an appearance.

Douglas N. Letter, Litigation Counsel, U.S. Department of Justice, argued the cause for appellee. With him on the brief was Roscoe C. Howard, Jr., U.S. Attorney.

Before: SENTELLE, RANDOLPH and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

Hershey Foods Corporation appeals the dismissal of its complaint seeking to vacate a portion of the Department of Agriculture's regulation establishing pricing classifications of milk used in the manufacture of milk chocolate. The district court dismissed the complaint on the ground that legislation converted the regulation into a statute, not subject to judicial review under the...

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