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Dow Jones – Tuesday – November 21, 2006 – 1:45 p.m. CST

U.S. Appeals Court Denies USDA Motion In Cattle-Import Case

KANSAS CITY (Dow Jones)--The U.S. Ninth Circuit Court of Appeals has denied the U.S. Department of Agriculture's request to halt previously scheduled briefings and arguments in a suit brought by R-CALF United Stockgrowers of America over Canadian cattle imports, according to a copy of the court order.

The court's denial was in response to an August filing by the USDA of a rarely used "Motion for Summary Affirmance," said Shae Dodson, communications coordinator for the cattlemen's group R-CALF USA.

"The motion for summary affirmance of this appeal is denied because the arguments raised in response to the motion are sufficiently substantial to warrant further argument," the Ninth Circuit said in its denial.

The court also said R-CALF USA's opening brief is due Dec. 11, and the USDA's answer is due Jan. 10. An optional reply brief from R-CALF USA is due within 14 days of the USDA's answering brief, the court said.

USDA spokesman Jim Rogers said Tuesday the USDA would have its arguments ready for the court.

R-CALF USA sued the USDA on Jan. 10, 2005, claiming the agency's Final Rule on "Minimal Risk Regions: Bovine Spongiform Encephalopathy and the Importation of Commodities," which relaxed long-standing import restrictions for countries affected by BSE, was inadequate to protect the U.S. cattle industry from the introduction of BSE from Canada, Dodson said.

http://www.cattlenetwork.com/content.asp?contentid=85781

Source: Lester Aldrich; Dow Jones Newswires; 913-322-5179;lester.aldrich@dowjones.com

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