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AMALGAMATED SUGAR CO. v. UNITED STATES

Appeal No. 85-816.

770 F.2d 1042 (1985)

The AMALGAMATED SUGAR CO. (1) U and I Incorporated (2), Appellees, v. The UNITED STATES, Appellant.

United States Court of Appeals, Federal Circuit.

August 15, 1985.

Attorney(s) appearing for the Case

R. Anthony McCann, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for appellant. With him on brief were Richard K. Willard, Acting Asst. Atty. Gen. and David M. Cohen, Director.

Raymond W. Fullerton, Asst. Gen. Counsel and Aaron B. Kahn, Office of the Gen. Counsel, U.S. Dept. of Agr., Washington, D.C., of counsel.

James W. Freed, Ray, Quinney & Nebeker, Salt Lake City, Utah, argued for appellees.

Before DAVIS, SMITH, and BISSELL, Circuit Judges.

BISSELL, Circuit Judge.

The government appeals from a grant of summary judgment on the sugar companies' claims for an award of sugar storage costs under provisions of the extended 1977 price support loan program. We affirm the unpublished decision of the United States Claims Court.

BACKGROUND

Amalgamated Sugar Company and U and I, Inc. (the sugar companies) are sugar beet processors that participated in the 1977 price support loan program administered...

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