Because the Agriculture Department tests only a small percentage of cows for the deadly disease, Kansas meatpacker Creekstone Farms Premium Beef wants to test all of its cows. The government says it can't.

Larger meat companies worry that if Creekstone is allowed to perform the test and advertise its meat as safe, they could be forced to do the expensive test, too.

The U.S. Court of Appeals for the District of Columbia Circuit on Friday overturned a lower court ruling that would have cleared the way for the testing. The appeals court said restricting the test is within the scope of the government's authority.

Kilpatrick was scheduled to be arraigned Friday on charges of assaulting two Wayne County investigators. It's one of two criminal cases against the mayor, who denies shoving the pair while they tried to deliver a subpoena to a friend.

Kilpatrick is barred from traveling outside the metro Detroit area. Those bond restrictions likely will be discussed at the arraignment. The mayor also is required to wear an electronic tether to monitor his whereabouts.

In Kilpatrick's other criminal case, involving allegations of perjury and obstruction of justice, a judge has said he can go to Denver for the convention.

The ruling by the 2nd U.S. Circuit Court of Appeals will leave the rights in the hands of Penguin Group Inc. and the heirs of John Steinbeck's widow, Elaine. Author John Steinbeck died in 1968; his wife in 2003.

The appeals court said a lower court judge misapplied copyright law in awarding the rights in 2006 to the son, Thomas Steinbeck, and granddaughter Blake Smyle. Both already receive a portion of the proceeds of sales.

The case was returned to the lower court with instructions to leave the rights with various individuals and organizations, including the publisher Penguin and Elaine Steinbeck's heirs. The heirs include her sister, four children and grandchildren.

Mark S. Lee, the lawyer representing Thomas Steinbeck and Blake Smyle, said he was disappointed with the ruling.

Attorney Susan J. Kohlmann, who represented Steinbeck's estate, said the estate and its heirs were delighted, saying Wednesday's ruling meant "the wishes of John Steinbeck related to ownership of his literary works have been validated."

Jose Ernesto Medellin, 33, was killed by lethal injection in the Huntsville death chamber at 9:57 p.m. Medellin was sentenced to die for the 1993 rape and murder of two girls, aged 14 and 16, in Houston, Texas. The Mexican-born Medellin was in the midst of an initiation into the Black and Whites street gang at the time.

The ICJ told US authorities in 2004 that Medellin's case and that of other Mexicans facing execution violated the Vienna Convention because authorities failed to inform the foreigners of their right to consular access and assistance during trial.

US President George W. Bush ordered that the cases be reviewed, but the US Supreme Court in March ruled that his request was unconstitutional.

Medellin's execution went ahead even though Ban urged US authorities to comply with the ICJ's order.

Major business groups, usual GOP allies, have implored Congress to act on the tax credits, many which expired at the end of last year or will run out at the end of this year. But for many Republicans, it's a matter or principle and politics: many oppose what they say are new tax increases to pay for parts of the package and nearly all say the Senate's only business now is acting on an energy bill that promotes drilling and other measures to boost domestic oil supply.

The White House, citing new taxes and other objections to the bill, threatened a presidential veto. The vote Wednesday was 51-43, nine short of the 60 needed to begin floor debate.

The criminal complaint charges state Sen. James Marzilli with two counts of indecent assault and battery alleging he groped a woman after an arts fundraiser April 6.

The charges were issued by Cambridge District Court Clerk-Magistrate Robert Moscow after the accuser made a citizen's request for criminal charges, a rarely used step allowed under state law. Her attorney, Wendy Murphy, said the woman swore under oath that her statement was true.

Clerk-magistrates have to find probable cause to believe a crime occurred, a lower standard than proof than beyond a reasonable doubt, the standard prosecutors must use during a trial. After the arraignment, the district attorney still can decide to dismiss the charges.

In a separate case, Middlesex District Attorney Gerry Leone is prosecuting Marzilli for allegedly sexually harassing four women in a single day in Lowell in June. He pleaded not guilty to those charges. His lawyer later said he has been diagnosed with bipolar disorder, and Marzilli has said he won't seek re-election.

In this case, Leone has said there wasn't enough evidence to prove the woman's claim. A spokesman, Corey Welford, said Leone plans to review a transcript of Wednesday's hearing to determine whether any new evidence was disclosed. If not, the case would not move forward.

Neither Marzilli, 50, nor his lawyer, Terrence Kennedy, attended the hearing. Kennedy said he believed the charges eventually would be dropped.