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RANCHERS CATTLEMEN ACTION v. DEPT. OF AGRICULTURE

No. 21-8042.

35 F.4th 1225 (2022)

RANCHERS CATTLEMEN ACTION LEGAL FUND UNITED STOCKGROWERS OF AMERICA; Tracy Hunt, d/b/a The MW Cattle Company LLC; Donna Hunt, d/b/a The MW Cattle Company LLC; Kenny Fox; Roxy Fox, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF AGRICULTURE; United States Department of Agriculture Animal and Plant Health Inspection Service; United States Department of Agriculture Secretary, in his official capacity, a/k/a Sonny Perdue; United States Department of Agriculture and Plant Health Inspection Service Administrator, in his official capacity, a/k/a Kevin M. Shea, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

FILED May 20, 2022.

Attorney(s) appearing for the Case

Harriet Hageman ( Richard A. Samp and Kara Rollins , with her on the briefs), New Civil Liberties Alliance, Washington, DC, appearing for appellants.

Sean R. Janda , Attorney ( Brian M. Boynton , Acting Assistant Attorney General, L. Robert Murray , Acting United States Attorney, and Mark B. Stern , Attorney, with him on the brief), United States Department of Justice, Civil Division, Washington, DC, appearing for appellees.

Before HOLMES, BRISCOE, and MORITZ, Circuit Judges.

Plaintiffs Ranchers Cattlemen Action Legal Fund United Stockgrowers of America (R-CALF), Tracy and Donna Hunt (d/b/a The MW Cattle Co. LLC), and Kenny and Roxy Fox filed this action under the Administrative Procedure Act (APA) alleging that defendants United States Department of Agriculture (USDA), the USDA's Animal and Plant...

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