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GOLD KIST, INC. v. U.S. DEPT. OF AGR.

No. 83-8386.

741 F.2d 344 (1984)

GOLD KIST, INC., Plaintiff-Appellant, v. U.S. DEPARTMENT OF AGRICULTURE, John R. Block, Secretary, Agricultural Stabilization & Conservation Service, Merrill D. Marxman and Commodity Credit Corporation, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

As Amended on Denial of Rehearing January 28, 1985.

Attorney(s) appearing for the Case

Franklin R. Nix, Atlanta, Ga., for plaintiff-appellant.

Myles Eastwood, Asst. U.S. Atty., Atlanta, Ga., for defendants-appellees.

Before GODBOLD, Chief Judge, and HILL and THORNBERRY, Circuit Judges.

GODBOLD, Chief Judge:

In this appeal we consider whether the U.S. Department of Agriculture (USDA) has inherent authority to impose civil money penalties against Gold Kist relating to marketing and handling peanuts when Congress has not expressly provided them. We conclude that the agency lacked such authority and reverse the district court's finding of inherent authority. We remand to the district court for consideration of Gold Kist's request for attorney's fees...

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