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cognizable declare. While the Secretary is free to control the transport of animals, especially where there may be concern with the i want to jump on your north pole mug unfold of infectious ailments, he can’t apply his requirements arbitrarily.

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The different two had been bought by ‘Africa USA,’ however not released. One of them had a heart attack and died. Plaintiff’s filed swimsuit to have the other one they bought launched. The permits, issued by APHIS, have been issued beneath the additional i want to jump on your north pole mug understanding that each one the giraffes can be consigned to an approved zoological park. Africa USA is a privately-owned zoo, and lacks governmental management. The government feared that giraffes, as

ruminates, could be contaminated or exposed to hoof and mouth illness. The government had conducted the mandatory inspection of the power and located that the zoo met all skills apart from the “governmental control” requirement. The Court discovered no foundation to uphold the federal government’s declare that a government officer may impose an ad hoc system of licensure upon any citizen, or upon anyone group, i.e. private zoos, versus another. Here, the importation was specifically permitted for all 5 animals, and anybody animal was just as a lot a potential carrier of hoof and mouth illness as this explicit giraffe. Therefore, this matter was dismissed for failure to state a