U.S. Court of Appeals for the Fifth Circuit, 2006

Fleming Companies v. Department of Agriculture

U.S. Court of Appeals for the Fifth Circuit · Decided February 1, 2006 · Smith, Dennis, Prado

164 F. App'x 528

Counsel

Clyde Moody Siebman, Siebman, Reynolds & Burg Federal Courthouse Square, Sherman, TX, Jeffrey R. Miller, Timothy D. Elliott, Kirkland & Ellis, Chicago, IL, Eric Cristen Liebeler, Kirkland & Ellis, Los Angeles, CA, for Plaintiff-Appellant., Mark Bernard Stern, Sharon Swingle, U.S. Department of Justice Civil Division, Washington, DC, for Defendant-Appellee.

Cases that cite this one

3 later published cases cite this decision.

Chamber of Com. Of the United States v. SEC (6th Cir. 2024)
Earl v. The Boeing Company (District Court, E.D. Texas 2021)
Cypress Home Care, Inc. v. Azar (District Court, E.D. Texas 2018)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

EDWARD C. PRADO, Circuit Judge: *

In this appeal, Plaintiff-Appellant Fleming Companies, Inc. challenges the “Batter-Coating Rule,” 1 a regulation promulgated by the U.S. Department of Agriculture (“USDA”) pursuant to the Perishable Agricultural Commodities Act (“PACA”), 2 on two grounds: first, that the rule is invalid pursuant to Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. 3 second, that the USDA’s deci *529 sion-making with regard to the Batter-Coating Rule was “arbitrary and capricious” in violation of the Administrative Procedures Act (“APA”). 4 Essentially for the reasons articulated by the district court in its comprehensive opinion on motions for summary judgment, Fleming Companies, Inc. v. U.S. Department of Agriculture, 322 F.Supp.2d 744 (E.D.Tex. 2004), we AFFIRM.

. 5 U.S.C. § 706(2)(A) (1996).

Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.

. 7 C.F.R. § 46.2(u) (2005).

. 7U.S.C. § 499a-s (1996).

. 467 U.S. 837, 104 S.Ct. 2778, 81 L.Ed.2d 694 (1984).

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