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SHAIN v. VENEMAN

No. 4:02-CV-40645.

278 F.Supp.2d 1006 (2003)

Robert SHAIN and James Sheetz, Plaintiffs, v. Ann VENEMAN, in her capacity as Secretary of the United States Department of Agriculture, Gilbert Gonzalez, Jr., and David Dowdy, in their capacities within the United States Department of Agriculture, Defendants.

United States District Court, S.D. Iowa, Central Division.

August 19, 2003.

Attorney(s) appearing for the Case

Wallace L. Taylor, Cedar Rapids, IA, for plaintiffs.

Christopher D. Hagen, United States Attorney, Des Moines, IA, for defendants.

Robert W. Goodwin, Goodwin Law Office, Ames, IA, for movant.

ORDER ON DEFENDANTS' MOTION TO DISMISS

GRITZNER, District Judge.

Before the Court is Defendants' Motion to Dismiss or in the Alternative for Summary Judgment (Clerk's No. 3). The Court first addresses the motion to dismiss. Having considered the motion, Plaintiffs' resistance, a corresponding reply, documents related to amicus curiae briefs, and statements at oral argument, the Court grants Defendants' Motion to Dismiss. Accordingly, the Defendants' alternative...

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