Moore v. Madigan

MEMORANDUM OPINION AND ORDER

GAITAN, District Judge.

This case is an appeal from an administrative agency decision before the Animal and Plant Health Inspection Service of the United States Department of Agriculture (USDA). Plaintiff seeks to enjoin the USDA decision to withdraw plaintiff’s status as a “specifically approved stockyard” for a period of five years pursuant to Title 9, Code of Federal Regulations § 78.44 (1991). Pending before this Court are cross-motions for summary judgment. 1 Jurisdiction for this case is proper under 28 U.S.C. § 1331.

I. THE FACTS

In 1903, Congress enacted the…