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NORTHWEST INDEPENDENT PRODUCERS ASS'N v. VENEMAN

No. CIV.A. 03-700(RCL).

312 F.Supp.2d 23 (2004)

NORTHWEST INDEPENDENT PRODUCERS ASSOCIATION, et al., Plaintiffs, v. Ann M. VENEMAN, Secretary of Agriculture, et al., Defendants.

United States District Court, District of Columbia.

April 6, 2004.

Attorney(s) appearing for the Case

Charles Morton English, Jr., Nicholas C. Geale, Thelen Reid & Priest, LLP, Washington, DC, for Plaintiffs.

Peter Baker Robbins, US Department of Justice, Washington, DC, for Defendants.

W. Todd Miller, Baker & Miller PLLC, Donald M. Barnes, Porter Wright, Washington, DC, Kristine H. Reed, Benjanin F. Yale & Assoc. Co., L.P.A., Waynesfield, OH, for Intervenor Defendants.

MEMORANDUM AND ORDER

LAMBERTH, District Judge.

This matter comes before the Court on defendant's motion to dismiss. Defendant moves to dismiss this action pursuant to Fed.R.Civ.P. 12(b)(1) and Fed.R.Civ.P. 12(b)(6) on grounds that the Court lacks subject matter jurisdiction, that plaintiffs have failed to exhaust administrative remedies, and plaintiffs have failed to state a claim. Upon consideration of defendant's motion, the opposition, the reply...

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