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FLEMING COMPANIES, INC. v. U.S. DEPT. OF AGRICULTURE

No. 4:03-CV-380.

322 F.Supp.2d 744 (2004)

FLEMING COMPANIES, INC., Plaintiff, v. UNITED STATES DEPARTMENT OF AGRICULTURE, Defendant.

United States District Court, E.D. Texas, Sherman Division.

June 4, 2004.

Attorney(s) appearing for the Case

Clyde Moody Siebman, Siebman Reynolds Burg & Phillips LLP, Sherman, TX, Jeffrey R. Miller, Timothy D. Elliott, Kirkland & Ellis, Chicago, IL, for Plaintiff.

Ruth Harris Yeager, US Attorney's Office, Tyler, TX, Thomas Millet, US Dept of Justice, Washington, DC, for Defendant.

ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND DENYING FLEMING COMPANIES, INC.'S MOTION FOR SUMMARY JUDGMENT

SCHELL, District Judge.

I. INTRODUCTION

Before the court are the following written submissions:

a) "Defendant's Motion to Dismiss or Alternatively, for Summary Judgment" (Dkt.#6), filed on December 16, 2003;<...

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