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BAUR v. VENEMAN

Docket No. 02-6249.

352 F.3d 625 (2003)

Michael BAUR, Plaintiff-Appellant, Farm Sanctuary, Inc., Plaintiff v. Ann M. VENEMAN, in her official capacity as Secretary, United States Department of Agriculture & United States Department of Agriculture, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: December 16, 2003.

Attorney(s) appearing for the Case

SHELDON EISENBERG, Bryan Cave LLP (Michael G. Biggers and Kira P. Watson, on the brief), Santa Monica, CA, for Plaintiff-Appellant.

EDWARD CHANG, Assistant United States Attorney (James B. Comey, United States Attorney for the Southern District of New York, Meredith E. Kotler, Assistant United States Attorney, of counsel), New York, NY, for Defendants-Appellees.

Before: STRAUB and POOLER, Circuit Judges, and HURD, District Judge.

Judge POOLER dissents in a separate opinion.

STRAUB, Circuit Judge.

This appeal centers on a narrow issue of standing in the context of a category of progressive neurological diseases, Transmissible Spongiform Encephalopathies ("TSEs"), of which the most widely publicized example is Bovine Spongiform Encephalopathy ("BSE," commonly known as "mad cow" disease), a fatal neuro-degenerative disease that affects the central nervous system of adult cattle.

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