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CREEKSTONE FARMS PREMIUM BEEF v. U.S. DEPT. OF AG.

Civil Action No. 06-0544(JR).

517 F.Supp.2d 8 (2007)

CREEKSTONE FARMS PREMIUM BEEF, L.L.C., Plaintiff, v. U.S. DEPARTMENT OF AGRICULTURE, et al., Defendants.

United States District Court, District of Columbia.

March 29, 2007.

Attorney(s) appearing for the Case

Russell Scott Frye, Fryelaw PLLC, Washington, DC, for Plaintiff.

Edward H. White, U.S. Department of Justice, Thomas B. Smith, Ropes & Gray, Washington, DC, for Defendants.

MEMORANDUM

JAMES ROBERTSON, District Judge.

Plaintiff Creekstone Farms Premium Beef, LLC wants to test every one of the approximately 300,000 head of cattle it slaughters each year to determine whether it was infected with bovine spongiform encephalopathy (BSE), commonly known as "mad cow disease." The United States Department of Agriculture (USDA), however, has denied plaintiff's request to purchase BSE test kits, asserting its authority under the...

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