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DOKO FARMS v. U.S.

No. 91-5063.

956 F.2d 1136 (1992)

DOKO FARMS, a Partnership, and James Porter, Alison v. Barnett, L.D. Smith, William T. Curry, Plaintiffs-Appellees, v. The UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied March 13, 1992.

Attorney(s) appearing for the Case

Albert B. Krachman, Bracewell & Patterson, Washington, D.C., argued, for plaintiffs-appellees.

Judith Rabinowitz, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued, for defendant-appellant. With her on the brief were Stuart M. Gerson, Asst. Atty. Gen., Michael F. Hertz, Director and Thomas W. Petersen, Asst. Director.

Before NIES, Chief Judge, MARSHALL, Associate Justice (Retired) of the Supreme Court of the United States, sitting by designation, and FRIEDMAN, Senior Circuit Judge.

FRIEDMAN, Senior Circuit Judge.

This is the latest, but unfortunately not the last, round in this protracted litigation, now in its twelfth year, through which the United States is seeking to recoup from the appellees, Doko Farms and its four individual partners (collectively "Doko"), subsidy payments made to Doko that the United States has determined resulted from a scheme or device to defeat the purpose of the Act under which the payments were made. The recoupment...

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