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FOSTER v. VILSACK

Civ. No. 13-4060-KES.

ARLEN FOSTER and CINDY FOSTER, Plaintiffs, v. TOM VILSACK, Secretary, United States Department of Agriculture, Defendant.

United States District Court, D. South Dakota, Southern Division.

October 31, 2014.

Attorney(s) appearing for the Case

Arlen Foster, Plaintiff, represented by John S. Theeler , Morgan Theeler LLP & Thomas Albert Lawler , Lawler & Swanson, P.L.C..

Cindy Foster, Plaintiff, represented by John S. Theeler , Morgan Theeler LLP & Thomas Albert Lawler , Lawler & Swanson, P.L.C..

Tom Vilsack, Secretary, United States Department of Agriculture, Defendant, represented by Cheryl Schrempp Dupris , U.S. Attorney's Office.

MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT

KAREN E. SCHREIER, District Judge.

Plaintiffs, Arlen and Cindy Foster, brought this suit under the Administrative Procedure Act (APA), 5 U.S.C. §§ 701-06, against defendant, Tom Vilsack, Secretary of Agriculture, United States Department of Agriculture (USDA). Plaintiffs ask this court to set aside the USDA National...

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