Minnesota Milk Producers Association, a Non-Profit Minnesota Corporation, Individually, on Behalf of Themselves and Others Similarly Situated Bill Dropik, Individually, on Behalf of Himself and Others Similarly Situated Chester Kolstad, Individually, on Behalf of Himself and Others Similarly Situated Greg Radermacher, Individually, on Behalf of Himself and Others Similarly Situated Arnold Ness, Individually, on Behalf of Himself and Others Similarly Situated Fredrick J. Bianchi, Individually, on Behalf of Himself and Others Similarly Situated Marlon Restad, Individually, on Behalf of Himself and Others Similarly Situated Delbert Mandelko, Individually, on Behalf of Himself and Others Similarly Situated John Fischer, Individually, on Behalf of Himself and Others Similarly Situated Lee Johnston, Individually, on Behalf of Himself and Others Similarly Situated Leslie Kyllo, Individually, on Behalf of Himself and Others Similarly Situated James Muzzy, Individually, on Behalf of Himself and Others Similarly Situated, Appellees/cross-Appellants v. Dan Glickman, Secretary, United States Department of Agriculture, Appellant/cross-Appellee. Minnesota Milk Producers Association, a Non-Profit Minnesota Corporation, Individually, on Behalf of Themselves and Others Similarly Situated Bill Dropik, Individually, on Behalf of Himself and Others Similarly Situated Chester Kolstad, Individually, on Behalf of Himself and Others Similarly Situated Greg Radermacher, Individually, on Behalf of Himself and Others Similarly Situated Arnold Ness, Individually, on Behalf of Himself and Others Similarly Situated Fredrick J. Bianchi, Individually, on Behalf of Himself and Others Similarly Situated Marlon Restad, Individually, on Behalf of Himself and Others Similarly Situated Delbert Mandelko, Individually, on Behalf of Himself and Others Similarly Situated John Fischer, Individually, on Behalf of Himself and Others Similarly Situated Lee Johnston, Individually, on Behalf of Himself and Others Similarly Situated Leslie Kyllo, Individually, on Behalf of Himself and Others Similarly Situated James Muzzy, Individually, on Behalf of Himself and Others Similarly Situated v. Southeast Dairy Farmers Association and United Dairymen of Arizona, Minnesota Milk Producers Association, a Non-Profit Minnesota Corporation, Individually, on Behalf of Themselves and Others Similarly Situated Bill Dropik, Individually, on Behalf of Himself and Others Similarly Situated Chester Kolstad, Individually, on Behalf of Himself and Others Similarly Situated Greg Radermacher, Individually, on Behalf of Himself and Others Similarly Situated Arnold Ness, Individually, on Behalf of Himself and Others Similarly Situated Fredrick J. Bianchi, Individually, on Behalf of Himself and Others Similarly Situated Marlon Restad, Individually, on Behalf of Himself and Others Similarly Situated Delbert Mandelko, Individually, on Behalf of Himself and Others Similarly Situated John Fischer, Individually, on Behalf of Himself and Others Similarly Situated Lee Johnston, Individually, on Behalf of Himself and Others Similarly Situated Leslie Kyllo, Individually, on Behalf of Himself and Others Similarly Situated James Muzzy, Individually, on Behalf of Himself and Others Similarly Situated v. National Farmers Organization ("Nfo"), Minnesota Milk Producers Association, a Non-Profit Minnesota Corporation, Individually, on Behalf of Themselves and Others Similarly Situated Bill Dropik, Individually, on Behalf of Himself and Others Similarly Situated Chester Kolstad, Individually, on Behalf of Himself and Others Similarly Situated Greg Radermacher, Individually, on Behalf of Himself and Others Similarly Situated Arnold Ness, Individually, on Behalf of Himself and Others Similarly Situated Fredrick J. Bianchi, Individually, on Behalf of Himself and Others Similarly Situated Marlon Restad, Individually, on Behalf of Himself and Others Similarly Situated Delbert Mandelko, Individually, on Behalf of Himself and Others Similarly Situated John Fischer, Individually, on Behalf of Himself and Others Similarly Situated Lee Johnston, Individually, on Behalf of Himself and Others Similarly Situated Leslie Kyllo, Individually, on Behalf of Himself and Others Similarly Situated James Muzzy, Individually, on Behalf of Himself and Others Similarly Situated v. Association of Dairy Cooperatives in the Northeast ("Adcne"), Minnesota Milk Producers Association, a Non-Profit Minnesota Corporation, Individually, on Behalf of Themselves and Others Similarly Situated Bill Dropik, Individually, on Behalf of Himself and Others Similarly Situated Chester Kolstad, Individually, on Behalf of Himself and Others Similarly Situated Greg Radermacher, Individually, on Behalf of Himself and Others Similarly Situated Arnold Ness, Individually, on Behalf of Himself and Others Similarly Situated Fredrick J. Bianchi, Individually, on Behalf of Himself and Others Similarly Situated Marlon Restad, Individually, on Behalf of Himself and Others Similarly Situated Delbert Mandelko, Individually, on Behalf of Himself and Others Similarly Situated John Fischer, Individually, on Behalf of Himself and Others Similarly Situated Lee Johnston, Individually, on Behalf of Himself and Others Similarly Situated Leslie Kyllo, Individually, on Behalf of Himself and Others Similarly Situated James Muzzy, Individually, on Behalf of Himself and Others Similarly Situated v. Texas Association of Dairymen Dairy Producers of New Mexico Lone Star Milk Producers, L.C. And Premier Milk Producers, Inc., Minnesota Milk Producers Association, a Non-Profit Minnesota Corporation, Individually, on Behalf of Themselves and Others Similarly Situated Bill Dropik, Individually, on Behalf of Himself and Others Similarly Situated Chester Kolstad, Individually, on Behalf of Himself and Others Similarly Situated Greg Radermacher, Individually, on Behalf of Himself and Others Similarly Situated Arnold Ness, Individually, on Behalf of Himself and Others Similarly Situated Fredrick J. Bianchi, Individually, on Behalf of Himself and Others Similarly Situated Marlon Restad, Individually, on Behalf of Himself and Others Similarly Situated Delbert Mandelko, Individually, on Behalf of Himself and Others Similarly Situated John Fischer, Individually, on Behalf of Himself and Others Similarly Situated Lee Johnston, Individually, on Behalf of Himself and Others Similarly Situated Leslie Kyllo, Individually, on Behalf of Himself and Others Similarly Situated James Muzzy, Individually, on Behalf of Himself and Others Similarly Situated v. National Farmers Organization, Inc. (Nfo) and Association of Dairy Cooperatives in the Northeast, Minnesota Milk Producers Association, a Non-Profit Minnesota Corporation, Individually, on Behalf of Themselves and Others Similarly Situated Bill Dropik, Individually, on Behalf of Himself and Others Similarly Situated Chester Kolstad, Individually, on Behalf of Himself and Others Similarly Situated Greg Radermacher, Individually, on Behalf of Himself and Others Similarly Situated Arnold Ness, Individually, on Behalf of Himself and Others Similarly Situated Fredrick J. Bianchi, Individually, on Behalf of Himself and Others Similarly Situated Marlon Restad, Individually, on Behalf of Himself and Others Similarly Situated Delbert Mandelko, Individually, on Behalf of Himself and Others Similarly Situated John Fischer, Individually, on Behalf of Himself and Others Similarly Situated Lee Johnston, Individually, on Behalf of Himself and Others Similarly Situated Leslie Kyllo, Individually, on Behalf of Himself and Others Similarly Situated James Muzzy, Individually, on Behalf of Himself and Others Similarly Situated v. Louisiana Department of Agriculture and Forestry Alabama Department of Agriculture and Industries Arkansas Livestock and Poultry Commission Colorado Department of Agriculture Georgia Department of Agriculture Kentucky Department of Agriculture Maine Department of Agriculture, Food and Rural Resources Massachusetts Department of Food and Agriculture Mississippi Department of Agriculture and Commerce New Hampshire Department of Agriculture, Markets and Food New Mexico Department of Agriculture North Carolina Department of Agriculture South Carolina Department of Agriculture State of Vermont and Washington Department of Agriculture

Court of Appeals for the Eighth Circuit