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REICHLEY v. PENNSYLVANIA DEPARTMENT OF AGRICULTURE

No. 04-3253.

427 F.3d 236 (2005)

Galen REICHLEY, t/d/b/a Reichley Brothers Farm; Allen Reichley, t/d/b/a Reichley Brothers Farm; Curtis Stroup v. PENNSYLVANIA DEPARTMENT OF AGRICULTURE; Penn Ag Industries; Longenecker's Hatchery, Inc.; Kreamer Feed, Inc.; Dennis C. Wolff; Samuel E. Hayes, as Secretary of the Pa Department of Agriculture Galen Reichley, Allen Reichley t/d/b/a/ Reichley Brothers Farm and Curtis Stroup, Appellants.

United States Court of Appeals, Third Circuit.

Opinion Filed November 2, 2005.

Attorney(s) appearing for the Case

Alexander H. Lindsay, Jr. (Argued), Butler, PA, for Appellants.

Linda S. Lloyd (Argued), Office of Attorney General of Pennsylvania, Harrisburg, PA, for Appellees Pa Dept. Agriculture, Secretary PA. Department of Agriculture and Dennis C. Wolff.

Gregory S. Hirtzel, Post & Schell, Lancaster, PA, for Appellee Penn Ag Ind.

Sheila A. Haren (Argued), Post & Schell, Philadelphia, PA, for Appellee Penn Ag Ind.

Before SLOVITER, MCKEE, Circuit Judges, and FULLAM, District Judge.

OPINION

MCKEE, Circuit Judge.

We are asked to review the District Court's grant of summary judgement in favor of the Secretary of Agriculture for the Commonwealth of Pennsylvania and Penn Ag Industries in this civil rights action brought pursuant to 42 U.S.C. § 1983. Appellants allege that certain actions defendants took in response to an outbreak of avian influenza deprived them of their property "without procedural or

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