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PRIME TIME INTERN. CO. v. VILSACK

No. 09-5099.

599 F.3d 678 (2010)

PRIME TIME INTERNATIONAL COMPANY, Formerly Known as Single Stick, Inc., Appellant v. Thomas J. VILSACK, Secretary of Agriculture and United States Department of Agriculture, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided March 26, 2010.

Attorney(s) appearing for the Case

Reed Rubinstein and Mark Solomons argued the cause and filed the briefs for appellant.

Sydney A. Foster, Attorney, U.S. Department of Justice, argued the cause for appellee. With her on the brief were Mark B. Stern, Attorney. R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.

Opinion for the Court by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

In 2004 Congress enacted the Fair and Equitable Tobacco Reform Act ("FETRA"), 7 U.S.C. § 518 et seq., repealing a system of quotas and price supports for tobacco production and providing for payments for ten years to producers and persons who had established marketing quotas to ease the transition. These payments are funded by quarterly assessments on manufacturers and importers of tobacco products. Prime Time International Company...

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