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FRONT RANGE EQUINE RESCUE v. VILSACK

No. 16-2054.

844 F.3d 1230 (2017)

FRONT RANGE EQUINE RESCUE; The Humane Society of the United States; Marin Humane Society; Horses for Life Foundation; Return to Freedom; Ramona Cordova; Krystle Smith; Cassie Gross; Deborah Trahan; Barbara Sink; Chief David Bald Eagle; Chief Arvol Looking Horse; Tanya Littlewolf; Roxanne Talltree-Douglas; Foundation to Protect New Mexico Wildlife; Sandy Schaefer, Plaintiffs-Appellees, and State of New Mexico, Intervenor Plaintiff-Appellee, v. Tom VILSACK, Secretary, United States Department of Agriculture; Elizabeth A. Hagen, Under Secretary for Food Safety, United States Department of Agriculture; Alfred A. Almanza, Administrator, Food Safety and Inspection Services, United States Department of Agriculture, Defendants, Responsible Transportation, LLC; Confederated Tribes and Bands of the Yakama Nation; Rains Natural Meats; Chevaline, LLC; International Equine Business Association; New Mexico Cattlegrowers' Association; South Dakota Stockgrowers Association; Ranchers-Cattlemen Action Legal Fund United Stockgrowers of America; Marcy Britton; Bill Wood; Jan Wood; Leroy Wetz; Shirley Wetz; Doug Johnson; Judy Johnson; Kujyukuri, Ltd; United Horsemen; Scenic View Ranch, Intervenors Defendants, and Valley Meat Company, LLC, Intervenor Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Filed January 4, 2017.

Attorney(s) appearing for the Case

A. Blair Dunn ( Dori E. Richards with her on the briefs), Western Agriculture, Resource and Business Advocates, LLP, Albuquerque, New Mexico for Intervenor Defendant-Appellant.

Adam Diederich , Schiff Hardin, LLP, Chicago, Illinois ( Bruce A. Wagman , Schiff Hardin LLP, San Francisco, California; Samuel C. Wolf , Jones, Snead, Wertheim & Clifford, P.A, Santa Fe, New Mexico, and Ari Biernoff , Office of the Attorney General, Santa Fe, New Mexico, with him on the briefs) for Plaintiffs-Appellees and Intervenor Plaintiff-Appellee.

Before HOLMES, MATHESON, and McHUGH, Circuit Judges.

Valley Meat Company, LLC appeals the district court's denial of its motion to collect on an injunction bond. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

I. BACKGROUND

The Food Safety Inspection Service (FSIS), a branch of the United States Department of Agriculture (USDA), is responsible...

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