U.S. Import Meat Inspection Station v. Rominger

74 F.3d 1247 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. U.S. IMPORT MEAT INSPECTION STATION, a partnership, Plaintiff-Appellant, v. Richard E. ROMINGER, Secretary, in his official capacity as acting Secretary of Agriculture; Michael Taylor, in his official capacity as Administrator, Food Safety and Inspection Service, Defendants-Appellees. No. 95-35287. United States Court of Appeals, Ninth Circuit. Submitted Jan. 9, 1996. * Decided Jan. 12, 1996. Before: BROWNING, WRIGHT and CANBY, Circuit Judges. 1 MEMORANDUM ** 2 The district court denied declaratory and injunctive relief and dismissed without prejudice for lack of subject matter jurisdiction because there was no "final agency action." 3 It granted leave to USIMIS to file an amended complaint to advance an additional statutory basis for the court's jurisdiction: 21 U.S.C. Sec. 674 . USIMIS did so. The case was then "reopened," but the plaintiff-appellant appealed immediately after filing an amended complaint,…