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AM. SOC. FOR PREVENTION OF CRUELTY v. FELD

Nos. 10-7007, 10-7021.

659 F.3d 13 (2011)

AMERICAN SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, et al., Appellants v. FELD ENTERTAINMENT, INC., Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided October 28, 2011.

Attorney(s) appearing for the Case

Carter G. Phillips argued the cause for appellants/cross-appellees. With him on the briefs were Paul J. Zidlicky , Eric D. McArthur , and Bryson L. Bachman . Katherine A. Meyer , Howard M. Crystal , and Eric R. Glitzenstein entered appearances.

John M. Simpson argued the cause for appellee/cross-appellant. With him on the briefs were Jonathan S. Franklin , Michelle C. Pardo , and Mark Emery . Joseph T. Small Jr. entered an appearance.

Before: TATEL, GARLAND, and BROWN, Circuit Judges.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

Feld Entertainment, Inc., owns the country's largest collection of endangered Asian elephants, some of whom travel and perform with its famed Ringling Brothers and Barnum & Bailey Circus. In this case, a former barn helper with Ringling Brothers and an organization dedicated to fighting exploitation of animals allege that not all is well under the big top. Specifically, they claim...

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