LEAF TOBACCO EXPORTERS ASS'N, INC. v. BLOCK

No. 83-2145.

749 F.2d 1106 (1984)

LEAF TOBACCO EXPORTERS ASSOCIATION, INC., (the "Association"), a North Carolina nonprofit corporation, et al. (collectively the U.S. Exporters), Appellants, v. John BLOCK, Sec. of the U.S. Dept. of Agriculture; Commodity Credit Corporation, a corporate agency of the U.S. Dept. of Agriculture; Flue-Cured Tobacco Cooperative and Stabilization Corporation, Appellees. American Farm Bureau Federation, Florida Farm Bureau Federation, Georgia Farm Bureau Federation, Kentucky Farm Bureau Federation, North Carolina Farm Bureau, South Carolina Farm Bureau Federation and Virginia Farm Bureau Federation, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided December 5, 1984.


Attorney(s) appearing for the Case

E. Milton Farley, III, Richmond, Va. (Norman A. Scher, Richmond, Va., William B. Ellis, Richmond, Va., Hunton & Williams; F. Kent Burns; Boyce, Mitchell, Burns & Smith, P.A., Raleigh, N.C., on brief), for appellants.

Aaron B. Kahn, U.S. Dept. of Agriculture, Washington, D.C., Nigle B. Barrow, Jr., Raleigh, N.C. (James K. Dorsett, Jr., Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan; Samuel T. Currin, U.S. Atty., Gary H. Clemmons, Asst. U.S. Atty., Raleigh, N.C., James Michael Kelly, Associate Gen. Counsel, Raymond W. Fullerton, Asst. Gen. Counsel, Washington, D.C., on brief), for appellees.

Before PHILLIPS and WILKINSON, Circuit Judges, and BUTZNER, Senior Circuit Judge.


WILKINSON, Circuit Judge:

The Leaf Tobacco Exporters Association, Inc. and its forty-seven member companies challenge here the decision of the Secretary of Agriculture to permit a growers' cooperative to sell its tobacco directly to foreign purchasers. The District Court for the Eastern District of North Carolina dismissed the exporters' claims for want of standing. Because Congress intended the price support program to assist tobacco farmers, we agree with the District...

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