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TEXAS PEANUT PRODUCERS BD. v. U. S.

No. 80-1619.

649 F.2d 328 (1981)

TEXAS PEANUT PRODUCERS BOARD, Etc., et al., Plaintiffs-Appellants, v. The UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit A

June 30, 1981.

Attorney(s) appearing for the Case

Goins & Underkofler, Harold E. Vanberg, Jr., Dallas, Tex., for plaintiffs-appellants.

Charles D. Cabaniss, Dallas, Tex., Raymond W. Fullerton, Asst. General Counsel, U.S. Dept. of Agriculture, Washington, D.C., for defendant-appellee.

Before CHARLES CLARK and GEE, Circuit Judges, and SPEARS, District Judge.

CHARLES CLARK, Circuit Judge:

Texas peanut farmers brought this appeal, charging that the Secretary of Agriculture paid them less for their 1973 to 1977 peanut crops than the minimum amount required by federal price support legislation by requiring the farmers to bear handling, storage, and inspection costs for peanuts ultimately purchased by the government. We hold that the imposition of such costs did not reduce the price support below the minimum fixed by law,...

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