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Billings, Mont., Attorney Expects Ruling on Cattle Soon

Posted on: Saturday, 16 July 2005, 00:00 CDT

Jul. 14--A Billings attorney said Wednesday he expects a federal three-judge panel in Seattle to rule as soon as today or Friday on the appropriateness of a preliminary injunction issued by U.S. District Judge Richard Cebull.

Cliff Edwards, who represents the Billings-based Ranchers-Cattlemen Action Legal Fund, said the hearing in Seattle Wednesday was "an extraordinary, thoughtful session" and that the judges were well prepared, asking tough questions of both sides about the ban on Canadian cattle imports.

"All parties thought there might be a ruling from the bench," Edwards said, "but they took it under advisement and will discuss it further."

Edwards said whatever the decision, it will be a signal to Cebull, who has scheduled a July 27 hearing in Billings on R-CALF's request for a permanent injunction against the importation of Canadian live cattle under 30 months of age.

The appeals judges could dissolve the preliminary injunction and say Cebull was wrong as a matter of law, Edwards said. Or they could refuse it and return the case to Cebull, indicating he did follow the law.

Both sides could appeal the order to the full 9th U.S. Circuit Court of Appeals or eventually to the U.S. Supreme Court.

"That is a very small likelihood," Edwards said. "Appeal to the Supreme Court is not a right. You can only ask for review."

If the 9th Circuit panel that heard the case Wednesday in Seattle dismisses R-CALF's case, "it would be tough to get relief," he said. "That is just a fact."

Edwards said he was confronted with about 30 microphones after the hearing, mostly from members of Canadian media wanting to know what R-CALF had against Canadian cattlemen.

Edwards said R-CALF was trying to force the USDA to follow the law on an extremely important issue.

"We have empathy and sympathy for the Canadian producers," he said.

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Copyright (c) 2005, Billings Gazette, Mont.

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Source: Billings Gazette, Billings, Montana

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