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WHITEHEAD STREET, INC. v. SEC., DEPT. OF AGRI.

No. 11-14217.

701 F.3d 1345 (2012)

907 WHITEHEAD STREET, INC., d.b.a. Ernest Hemingway Home and Museum, Plaintiff-Appellant, v. SECRETARY OF the U.S. DEPARTMENT OF AGRICULTURE, Dr. Chester A. Gipson, Deputy Administrator of Animal Care for the Animal and Plant Health Inspection Services, United States Department of Agriculture, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

December 7, 2012.

Attorney(s) appearing for the Case

Cara A. Higgins , David Paul Horan , Horan, Wallace & Higgins, LLP, Key West, FL, for Plaintiff-Appellant.

Mark B. Stern , Adam C. Jed , U.S. Dept. of Justice, Civ. Div., App. Section, Washington, DC, Wifredo A. Ferrer , Anthony Pogorzelski , Anne Ruth Schultz , U.S. Attys., Miami, FL, for Defendants-Appellees.

Before DUBINA, Chief Judge, and PRYOR and HILL, Circuit Judges.

DUBINA, Chief Judge:

Appellant 907 Whitehead Street, Inc., d/b/a Ernest Hemingway Home and Museum ("the Museum"), appeals the district court's post-trial order denying the Museum declaratory and injunctive relief. The Museum challenges the jurisdiction of the U.S. Department of Agriculture and its Animal and Plant Health Inspection Service (collectively the "USDA") to regulate the Museum as an animal exhibitor under the Animal Welfare Act ("AWA"), 7 U.S.C. §...

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