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Utah Lawyer Search - Listings for Black Stith & Argyle P C Attorney at L
Name: Black Stith & Argyle P C Attorney at L
Address: 2029 Sidewinder Dr Park City, UT 84060
Phone Number: 435-647-7766
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Specialties:
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Business Corporation & Partnership Law
Criminal Trial
Entertainment Law
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Cases related to this attorney's specialties:
HERSHEY FOODS CORP v AGRI, U.S. DC Circuit Court of AppealsHERSHEY FOODS CORP v AGRI United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued April 18, 2002 Decided June 18, 2002 No. 01-5169 Hershey Foods Corporation, Appellant v. Department of Agriculture, Appellee Appeal from the United States District Court for the District of Columbia (99cv02138) Andrew G. McBride argued the cause for appellant. With him on the briefs was Eve J. Klindera. Robert M. Reese entered an appearance. Douglas N. Letter, Litigation Counsel, U.S. Department of Justice, argued the cause for appellee. With him on the brief was Roscoe C. Howard, Jr., U.S. Attorney. Before: Sentelle, Randolph and Garland, Circuit Judges. Opinion for the Court filed by Circuit Judge Randolph. Randolph, Circuit Judge: Hershey Foods Corporation ap- peals the dismissal of its complaint seeking to vacate a portion of the Department of Agriculture's regulation estab- lishing pricing classifications of milk used in the manufacture of milk chocolate. The district court dismissed the complaint on the ground that legislation converted the regulation into a statute, not subject to judicial review under the Administra- tive Procedure Act. Although we disagree with the district court in this respect, we hold that dismissal was proper because Hershey failed to exhaust its administrative reme- dies. I. The Agricultural Marketing Agreement Act of 1937 ("AMAA"), empowered the Secretary of Agriculture to regu- late the sale of milk by geographic region. See 7 U.S.C. § 608c(5). Over the years, the Secretary issued many milk marketing orders, applying to different geographic regions and classifying milk according to the "form in which or the purpose for which it is used." 7 U.S.C. § 608c(5)(A). By 1998, there were thirty-one milk marketing orders in effect. See Milk in the New England and Other Marketing Areas: Proposed Rule and Opportun...
HARVEY v. VENEMAN USCA1 Opinion 04-1379 United States Court of Appeals For the First Circuit _ No. 04-1379 ARTHUR HARVEY, Plaintiff, Appellant, v. ANN VENEMAN, SECRETARY OF AGRICULTURE, Defendant, Appellee. _ APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE [Hon. D. Brock Hornby, U.S. District Judge] _ Before Boudin, Chief Judge, Selya, Circuit Judge, and Schwarzer, (1) Senior District Judge. _ Paula Dinerstein with whom Lobel, Novins & Lamont was on brief for appellant. Susan E. Stokes, Jill E. Krueger, Farmers' Legal Action Group, and Joseph Mendelson III, Center for Food Safety, on brief for Rural Advancement Foundation International-USA, Center for Food Safety, and Beyond Pesticides, Amici Curiae. James Handley, Handley Environmental Law, on brief for Organic Consumers Association, Sierra Club, Public Citizen, Inc., Northeast Organic Farming Association/Massachusetts Chapter, Inc., John Clark, Merrill Clark, Anne Mendenhall, Greenpeace USA, and Waterkeeper Alliance, Amici Curiae. Halsey B. Frank, Assistant United States Attorney, with whom Paula D. Silsby, United States Attorney, was on the brief for appellee. _ January 26, 2005 _ SCHWARZER, Senior District Judge. Arthur Harvey appeals the District Court's grant of summary judgment to Secretary of Agriculture Ann Veneman on Harvey's claims alleging that multiple provisions of the National Organic Program Final Rule ("Final Rule" or "Rule"), 7 C.F.R. Pt. 205, are inconsistent with the Organic Foods Production Act of 1990, 7 U.S.C. §§ 6501-6523 ("OFPA" or "Act"). Harvey appeals on seven of the nine counts he originally brought. For the reasons set forth below, we affirm the judgment on the first, second, fifth, sixth, and eighth counts and reverse on the third and seventh counts, and we remand for entry of judgment in accordance with this opinion. FACTUAL AND PROCEDURAL HISTORY I. OVERVIEW OF OFPA AND IMPLEMENTING REGULATIONS Congress enacted OFPA in 199...
PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT -* FRANCES BROADDUS CRUTCHFIELD; HENRY RUFFIN BROADDUS, Plaintiffs-Appellees, v. COUNTY OF HANOVER, VIRGINIA, Defendant-Appellant, and UNITED STATES ARMY CORPS OF ENGINEERS, Defendant.No. 02-1946 GREATER RICHMOND PARTNERSHIP, INCORPORATED; GREATER RICHMOND CHAMBER OF COMMERCE; HANOVER BUSINESS COUNCIL; LOCAL GOVERNMENT ATTORNEYS OF VIRGINIA, INCORPORATED; VIRGINIA ASSOCIATION OF COUNTIES; VIRGINIA ASSOCIATION OF MUNICIPAL WASTEWATER AGENCIES, INCORPORATED (VAMWA), Amici Supporting Appellant. -* -* FRANCES BROADDUS CRUTCHFIELD; HENRY RUFFIN BROADDUS, Plaintiffs-Appellees, v. UNITED STATES ARMY CORPS OF ENGINEERS, Defendant-Appellant, and COUNTY OF HANOVER, VIRGINIA, Defendant.No. 02-2153 GREATER RICHMOND PARTNERSHIP, INCORPORATED; GREATER RICHMOND CHAMBER OF COMMERCE; HANOVER BUSINESS COUNCIL; LOCAL GOVERNMENT ATTORNEYS OF VIRGINIA, INCORPORATED; VIRGINIA ASSOCIATION OF COUNTIES; VIRGINIA ASSOCIATION OF MUNICIPAL WASTEWATER AGENCIES, INCORPORATED (VAMWA), Amici Supporting Appellant. -* Appeals from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, District Judge. (CA-02-253-3) Argued: January 24, 2003 Decided: March 27, 2003 Before WILKINSON and MICHAEL, Circuit Judges, and James H. MICHAEL, Jr., Senior United District Judge for the Western District of Virginia, sitting by designation. _ 2 Reversed by published opinion. Judge Wilkinson wrote the opinion, in which Judge Michael and Senior Judge Michael joined. _ COUNSEL ARGUED: John Alan Bryson, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellant Corps; William Gray Broaddus, MCGUIREWOODS, L.L.P., Richmond, Virginia, for Appellant County. William B. Ellis, ELLIS & THORP, P.L.L.C., Richmond, Virginia, for Appellees. ON BRIEF: Thomas L. Sanso- netti, Assistant Attorney General, Paul J. McNulty, United States Attorney, M....
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