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[RandallKehoe]

White Eagle Coop. Ass'n v. Connor
12 January 2009, 8:00 pm

(U.S. 7th Cir., Administrative Law, Agriculture, Government Law) In a suit challenging the U.S. Department of Agriculture's rulemaking process and a resulting amendment to the Mideast Milk Marketing Order, summary judgment for defendant is affirmed where: 1) plaintiff failed to raise a bias claim in a timely fashion; 2) plaintiff did not have standing to mount its Regulatory Flexibility Act challenge; 3) the issuance of the final decision did not exceed the defendant's statutory authority; and 4) defendant's adoption of the present order was not arbitrary or capricious, and defendant did not fail to consider relevant evidence in adopting the current rule.







Source: FindLaw Opinion Summaries - 7th Circuit COA

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