DIMARE FRESH, INC. v. U.S.

No. 2015-5006.

808 F.3d 1301 (2015)

DIMARE FRESH, INC., Dimare Ruskin, Inc., Dimare Johns Island, Inc., Butler Farms, Inc., Circle C Produce, LLC, Flowers Farms, LLC, Gregory Enterprises, LLC, High Hope Farms, LLC, Hopkins Farms, LLC, Fred Jackson, dba Jackson Farms, Dan Jones, Juniper Tomato Growers, Inc., JWM Farms, LLC, Mobley Greenhouse Investments, LLC, Dale Murray, Greg Murray, dba Murray Farms, Patterson Farm, Inc., Quality Produce, LLC, SK Enterprises of North Florida, Inc., Townsend Brothers Farms, Inc., Two Feathers Farms, Inc., Gargiulo, Inc., DMB Packing Corp., Artesian Farms Incorporated, Kuzzens, Inc., Farm Op, Inc., West Coast Tomato, LLC, Michael Borek Farms, LLC, East Coast Broker's and Packers, Inc., A Florida Corporation, c/o Gerard A. McHale, Jr. As Trustee, Diehl and Lee Farms, Frank Diehl, dba Frank Diehl Farms, Ora Diehl, Plaintiffs-Appellants v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

October 28, 2015.


Attorney(s) appearing for the Case

M. Stephen Turner , Broad & Cassel, Tallahassee, FL, argued for plaintiffs-appellants. Also represented by David K. Miller .

Eric Laufgraben , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellee. Also represented by Benjamin C. Mizer , Robert E. Kirschman, Jr. , Franklin E. White, Jr. ; Daretia Hawkins , Office of the General Counsel, United States Department of Health and Human Services, Washington, DC.

William S. Bilenky , MansonBolves, P.A., Tampa, FL, for amici curiae The Florida Tomato Exchange, The Florida Fruit and Vegetable Association.

Baylen Linnekin , North Bethesda, MD, for amici curiae Keep Food Legal Foundation, Baylen Linnekin.

Before WALLACH, BRYSON, and HUGHES, Circuit Judges.


Plaintiffs-Appellants ("Tomato Producers" or "Appellants") appeal the decision of the United States Court of Federal Claims ("Claims Court") dismissing their Amended Complaint pursuant to Rule 12(b)(6) of the Rules of the United States Court of Federal Claims ("RCFC"). The Claims...

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