LIVESTOCK MARKETING ASS'N v. U.S. DEPT. OF AGRIC.

Nos. 02-2769, 02-2832.

335 F.3d 711 (2003)

LIVESTOCK MARKETING ASSOCIATION, an association of livestock markets, on behalf of themselves and others similarly situated; Western Organization of Resource Councils, an association of grassroots organizations that seek to protect natural resources, family farms, and rural communities, on behalf of themselves and others similarly situated; Robert M. Thullner; John L. Smith; Ernie J. Mertz; John Willis; Pat Goggins; Herman Schumacher; Jerry Goebel; Leo Zentner, on behalf of themselves and others similarly situated, Plaintiffs-Appellees. v. UNITED STATES DEPARTMENT OF AGRICULTURE; Ann Veneman, Secretary of Agriculture; Cattlemen's Beef Promotion and Research Board, an organization of cattle producers and importers charged with implementing the Beef Research and Promotion Order, Defendants-Appellants. Nebraska Cattlemen, Inc.; Gary Sharp; Ralph Jones, Intervenors-Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: July 8, 2003.


Attorney(s) appearing for the Case

Douglas N. Letter, argued, Dept. of Justice, Washington, DC (Matthew Collette, Justice Dept., Washington, DC appeared on the brief).

John G. Roberts, Jr. and Lorane F. Hebert of Washington, DC appeared on the brief of Intervenor on behalf of appellants.

Philip C. Olsson, argued, Washington, DC (Ryan W. Stroschein of Washington, DC, Scott N. Heidepriem and Ronald A. Parsons, Jr., Sioux Falls, SD appeared on the brief).

Before LOKEN, Chief Judge, and McMILLIAN and FAGG, Circuit Judges.


McMILLIAN, Circuit Judge.

The United States Department of Agriculture ("USDA"), the Secretary of the USDA ("the Secretary"), the Cattlemen's Beef Promotion and Research Board ("the Beef Board"), the Nebraska Cattlemen, Inc., Gary Sharp, and Ralph Jones (collectively "appellants") appeal from an order of the United States District Court2 for the District of South Dakota in favor of the Livestock Marketing Association ("LMA"), the Western...

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