AMALGAMATED SUGAR CO. v. BERGLAND

No. 80-1097.

664 F.2d 818 (1981)

The AMALGAMATED SUGAR COMPANY and U & I Incorporated, Plaintiffs-Appellees, v. Bob BERGLAND, Secretary of Agriculture, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided November 24, 1981.


Attorney(s) appearing for the Case

James W. Freed, Salt Lake City, Utah (Judith Mitchell Billings, Salt Lake City, Utah, with him on the brief), of Ray, Quinney & Nebeker, Salt Lake City, Utah, for plaintiffs-appellees.

Raymond W. Fullerton, Director, Litigation Division, Washington, D. C. (James Michael Kelly, Asst. Gen. Counsel, and Terrence G. Jackson and James R. Walczak, Office of the Gen. Counsel, U. S. Dept. of Agriculture, Washington, D. C., with him on the brief), for defendant-appellant.

Before SETH, Chief Judge, McWILLIAMS, Circuit Judge, and BROWN, District Judge.


McWILLIAMS, Circuit Judge.

The Amalgamated Sugar Company and U. & I. Incorporated, two Utah sugar beet processors,1 brought separate actions against Bob Bergland, Secretary of the United States Department of Agriculture (USDA), in the United States District Court for the District of Utah. Both complaints were prepared by the same attorney, and for practical purposes are identical both as to form and substance. Each complaint challenged...

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