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MUNSELL v. DEPARTMENT OF AGRICULTURE

Nos. 06-5261, 06-5262.

509 F.3d 572 (2007)

John W. MUNSELL, et al., Appellants/Cross-Appellees v. DEPARTMENT OF AGRICULTURE, et al., Appellees/Cross-Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided December 11, 2007.

Attorney(s) appearing for the Case

Thad M. Guyer argued the cause and filed the briefs for appellants/cross-appellees. Joanne Royce entered an appearance.

Alisa B. Klein, Attorney, U.S. Department of Justice, argued the cause for appellees/cross-appellants. With her on the briefs were Peter D. Keisler, Assistant Attorney General, Jeffrey A. Taylor, U.S. Attorney, Jonathan F. Cohn, Deputy Assistant Attorney General, and Mark B. Stern, Attorney.

Before: GINSBURG, Chief Judge, GARLAND, Circuit Judge, and EDWARDS, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge EDWARDS.

EDWARDS, Senior Circuit Judge:

In October 2004, appellants, Montana Quality Foods and Processing, Inc. and its president John W. Munsell ("Munsell/MQF"), filed a lawsuit in District Court against the Department of Agriculture ("USDA"), the Secretary of Agriculture in his official capacity, and Nathaniel Clark, who was then the District Office Manager of USDA's Food Safety and Inspection Service ...

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