Creekstone sued the USDA in 2006, and in the case of David v. Goliath, the little guy unaccountably won. A decision handed down by a U.S. district judge in March decreed that Creekstone must be permitted to start its own testing June 1. However, thanks to its Hail Mersey call last week, the USDA can appeal the ruling and prevent Creekstone from testing indefinitely.