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CARRUTH v. UNITED STATES

Nos. 20-78, 485-78.

627 F.2d 1068 (1980)

William L. CARRUTH v. The UNITED STATES. Frank BARBEE et al. v. The UNITED STATES.

United States Court of Claims.

July 2, 1980.

Attorney(s) appearing for the Case

Harold E. Vanberg, Jr., Dallas, Tex., attorney of record for plaintiffs. Jeffrey M. Glosser, Washington, D.C., and Goins & Underkofler, Dallas, Tex., of counsel.

Frank M. Rapoport, Washington, D.C., with whom was Asst. Atty. Gen. Alice Daniel, Washington, D.C., for defendant. James R. Walczak, Washington, D.C., of counsel.

Before FRIEDMAN, Chief Judge, COWEN, Senior Judge, and NICHOLS, Judge.

OPINION

COWEN, Senior Judge:

The Texas peanut farmers who are the plaintiffs in these two consolidated cases broadly challenge the authority of the Secretary of Agriculture (the Secretary) to reduce or withhold price supports from peanuts containing the mold Aspergillus flavus (A. flavus). As alternative grounds for recovery, plaintiffs allege that by withholding the price supports for such peanuts, the Government breached an implied contract with...

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