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KASICK v. BLOCK

No. 83-1781.

717 F.2d 459 (1983)

Eugene KASICK, et al., Appellees, v. John R. BLOCK, Secretary of Agriculture, et al., Appellants.

United States Court of Appeals, Eighth Circuit.

Decided September 26, 1983.

Rehearing and Rehearing Denied October 27, 1983.

Attorney(s) appearing for the Case

J. Paul McGrath, Asst. Atty. Gen., Washington, D.C., Ronald D. Lahners, U.S. Atty., Omaha, Neb., Leonard Schaitman, Asst. Director, Neil H. Koslowe, Special Litigation Counsel, Civ. Div., Dept. of Justice, Washington, D.C., for appellants.

Russel S. Daub, Daub, Swanson & Stickman, Omaha, Neb., for appellees.

Before BRIGHT, ARNOLD and FAGG, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 27, 1983.

BRIGHT, Circuit Judge.

Kasick and other popcorn farmers brought this action challenging the Secretary of Agriculture's decision not to include popcorn in the government's 1983 "Payment-in-Kind" (PIK) program.1 The district court held the Secretary's decision arbitrary and capricious, and ordered him to allow popcorn farmers to participate in PIK and collateral programs on...

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