CUMBERLAND v. DEPT. OF AGRICULTURE OF U. S.

No. 75-1789.

537 F.2d 959 (1976)

Norman CUMBERLAND and Robert Smith, d/b/a Forest Farms, Plaintiffs-Appellants, v. DEPARTMENT OF AGRICULTURE OF the UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 9, 1976.

As Amended on Denial of Rehearing August 18, 1976.


Attorney(s) appearing for the Case

Roland Obenchain, Robert W. Mysliwiec, South Bend, Ind., for plaintiffs-appellants.

John R. Wilks, U.S. Atty., John S. Leonardo, Asst. U.S. Atty., South Bend, Ind., for defendant-appellee.

Before FAIRCHILD, Chief Judge, and CUMMINGS and PELL, Circuit Judges.


PELL, Circuit Judge.

Plaintiffs filed this action to seek compensation for swine destroyed at the direction of the defendant. The district court found that the facts of the case were not in dispute and granted summary judgment in favor of the defendant. Plaintiffs appeal urging that a regulation upon which the district court relied is invalid because it conflicts with a statute.

The district court found that plaintiffs purchased feeder pigs and slaughter swine...

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