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NEBRASKA BEEF, LTD. v. GREENING

No. 04-1918.

398 F.3d 1080 (2005)

NEBRASKA BEEF, LTD., Plaintiff/Appellee, v. Dennis GREENING; Donald Seitz; Chander Dev; Duane Shonka; Michael Fast, Defendants/Appellants, John Doe, 1, Other FSIS Employees; Jane Doe, 1, Other FSIS Employees; John Doe, 2, Other FSIS Employees; Jane Doe, 2, Other FSIS Employees, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: February 28, 2005.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Alisa B. Klein, USDOJ, Washington, D.C. Also appearing on the appellant's brief was Mark B. Stern, USDOJ, Washington, DC.

Counsel who presented argument on behalf of the appellee was William M. Lamson, Jr., of Omaha, NE. Also appearing on appellee's brief was Brian J. Brislen of Omaha, NE.

Before WOLLMAN, MAGILL, and COLLOTON, Circuit Judges.

WOLLMAN, Circuit Judge.

Nebraska Beef, Ltd., brought a Bivens1 suit against federal food safety inspectors (Inspectors) from the United States Department of Agriculture (USDA) based on actions taken by the Inspectors pursuant to the Federal Meat Inspection Act (FMIA), 21 U.S.C. § 601 et. seq. The Inspectors appeal from the district court's denial of their motion to dismiss...

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