NATIONAL CORN GROWERS ASSOCIATION, INC. and Corn Refiners Association, Inc., Appellees,
v.
Robert S. BERGLAND, Secretary of Agriculture, United States Department of Agriculture, Commodity Credit Corporation, and Ray Fitzgerald, Executive Vice President of Commodity Credit Corporation, American Sugarbeet Growers Association, Hawaiian Sugar Planters Association, American Sugar Cane League of the U.S.A., Inc. and Florida Sugar Cane League, Inc., and California Beet Growers Association, LTD., Appellants.
NATIONAL CORN GROWERS ASSOCIATION, INC. and Corn Refiners Association, Inc., Appellees,
v.
Robert S. BERGLAND, Secretary of Agriculture, United States Department of Agriculture, Commodity Credit Corporation and Ray Fitzgerald, Executive Vice President of Commodity Credit Corporation.
Appeal of AMERICAN SUGARBEET GROWERS ASSOCIATION, Hawaiian Sugar Planters' Association, American Sugar Cane League of the U.S.A., Inc., Florida Sugar Cane League, Inc. and California Beet Growers Association, LTD.
United States Court of Appeals, Eighth Circuit.https://leagle.com/images/logo.png
Submitted December 4, 1979.
Decided January 2, 1980.
Attorney(s) appearing for the Case
Raymond W. Fullerton, Atty., Litigation Div., Dept. of Agr., Washington, D. C., for appellants; L. Call Dickinson, Jr. and Craig F. Graziano, Dickinson, Throckmorton, Parker, Mannheimer & Raife, Des Moines, Iowa, Charles S. Murphy and Wilbur L. Fugate, Baker & Hostetler, Washington, D. C., on brief, for Am. Sugarbeet Growers Ass'n et al.; Stuart E. Schiffer, Acting Asst. Atty. Gen., Leonard Schaitman and Douglas N. Letter, Attys., U. S. Dept. of Justice, Washington, D. C., and Raymond W. Fullerton, Director, Litigation Div., Terrence G. Jackson and Thomas V. Conway, Attys., U. S. Dept. of Agr., Washington, D. C., on brief, for Bob Bergland et al.; appearances on reply brief for Bob Bergland et al. are the same except Alice Daniel, Acting Asst. Atty. Gen., Washington, D. C., who replaces Stuart E. Schiffer.
Paul J. Tagliabue, Covington & Burling, Washington, D. C., for appellee; H. Richard Smith, Paul F. Ahlers, Lance A. Coppock, Ahlers, Cooney, Dorweiler, Haynie & Smith, Des Moines, Iowa; Ralph W. Gearhart and Robert O. Daniel, Shuttleworth & Ingersoll, Cedar Rapids, Iowa; and H. Thomas Austern, Paul J. Tagliabue, and Theodore Voorhees, Jr., Washington, D. C., on brief.
Before LAY and McMILLIAN, Circuit Judges, and HARPER, Senior District Judge.
United States Court of Appeals, Eighth Circuit.
PER CURIAM.
National Corn Growers Association, Inc. and National Corn Refiners Association, Inc., sought declaratory and injunctive relief in a suit brought against inter alia, the United States Secretary of Agriculture and the United States Department of Agriculture, alleging unlawful implementation of the "de la Garza amendment," section 902(2) of the Food and Agriculture Act of 1977, 7 U.S.C.A. § 1446(f) (1979...
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