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WHITE EAGLE CO-OP. ASS'N v. CONNER

No. 07-3545.

553 F.3d 467 (2009)

WHITE EAGLE COOPERATIVE ASSOCIATION, et al., Plaintiffs-Appellants, v. Charles F. CONNER, Acting Secretary, United States Department of Agriculture, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 12, 2009.

Attorney(s) appearing for the Case

John H. Vetne (argued), Raymond, NH, for Plaintiffs-Appellants.

Marvin Beshore (argued), Harrisburg, PA, John H. Lloyd, IV, Plews, Shadley, Racher & Braun, South Bend, IN, Daniel L. Bella, Office of the United States Attorney, Hammond, IN, Samantha Chaifetz (argued), Department of Justice, Washington, DC, Charles M. English, Jr. (argued), Ober, Kaler, Grimes & Shriver, for Defendants-Appellees.

Before RIPPLE, KANNE and WILLIAMS, Circuit Judges.

RIPPLE, Circuit Judge.

The plaintiffs brought this action against the United States Department of Agriculture ("USDA" or "the Government"), challenging the USDA's rulemaking process and a resulting amendment to the Mideast Milk Marketing Order. The plaintiffs alleged violations of the Agricultural Marketing Agreement Act of 1937, 7 U.S.C. § 601 et seq.; the USDA's rules of practice, 7 C.F.R. § 900.1 et seq.; the Administrative Procedure Act, 5 U.S.C. §...

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