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AMALGAMATED SUGAR CO. LLC v. VILSACK

No. 07-35971.

563 F.3d 822 (2009)

AMALGAMATED SUGAR CO. LLC, Plaintiff-Appellant, v. Thomas VILSACK; Dept. of Agriculture, Defendants-Appellees, American Crystal Sugar Company, Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 11, 2009.

Amended April 6, 2009.

Attorney(s) appearing for the Case

Kevin J. Brosch, DTB Associates, LLP, Washington, DC, for plaintiff-appellant.

Jeffrey Kahn, Office of the General Counsel, U.S. Dept. of Agriculture, Washington, DC; Joanne P. Rodriguez, Assistant United States Attorney, United States Attorney's Office, Boise, ID, for defendant-appellee.

David P. Bundle and Sarah C.S. McLaren, Fredrikson & Byron, PA, Minneapolis, MN, for intervenor-appellee.

Before: J. CLIFFORD WALLACE, STEPHEN S. TROTT and N.R. SMITH, Circuit Judges.

ORDER AND AMENDED OPINION

ORDER

The opinion in the above-captioned matter filed on February 11, 2009, and published at 555 F.3d 816 (9th Cir.2009), is amended as follows:

1. On slip Opinion page 1631, line 3, replace "to be" with "are". 2. On slip Opinion page 1632, lines 20-21, replace "Section 1359cc" with "§ 1359cc". 3. On slip Opinion page 1648, lines 13-23, delete in their entirety...

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