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FUND FOR ANIMALS v. KEMPTHORNE

Docket No. 05-2603-cv.

538 F.3d 124 (2008)

THE FUND FOR ANIMALS, Humane Society of the United States, Defenders of Wildlife, Animal Rights Foundation of Florida, Donald Feare, Gustav W. Verderber, Julie Baker, Kristi Gholson, Collette Adkins Giese, Marian Probst, Plaintiffs-Appellants, v. Dirk KEMPTHORNE, Secretary of the Interior, H. DALE HALL, Fish and Wildlife Service Director, Chuck Conner, Acting Secretary of Agriculture, and Cindy Smith, Administrator of the Animal and Plant Health Inspection Service, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 14, 2008.

Attorney(s) appearing for the Case

Kimberly D. Ockene, Meyer Glitzenstein & Crystal (Howard M. Crystal, Eric R. Glitzenstein, Meyer Glitzenstein & Crystal, Washington, DC; and Leonard D. Egert, Amy Trakinski, Egert & Trakinski, New York, NY, of counsel), Washington, DC, for Plaintiffs-Appellants.

Sarah S. Normand, Assistant United States Attorney (Michael J. Garcia, United States Attorney for the Southern District of New York, and Sara L. Shudofsky, Assistant United States Attorney, of counsel), New York, NY, for Defendants-Appellees.

Before: McLAUGHLIN, CABRANES, and SACK, Circuit Judges.

SACK, Circuit Judge:

The plaintiffs appeal from a judgment of the United States District Court for the Southern District of New York (P. Kevin Castel, Judge), which, among other things, dismissed on a motion for summary judgment their claims challenging the Public Resource Depredation Order, 50 C.F.R. § 21.48 (the "Depredation Order"), on the grounds that it violates treaty obligations of the United States and federal statutes. We consider on appeal whether...

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