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

No. 83-8386.

751 F.2d 1155 (1985)

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.

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, HILL and THORNBERRY, Circuit Judges.

ON PETITION FOR REHEARING

(Opinion Sept. 6, 1984, 11 Cir., 1984, 741 F.2d 344).

GODBOLD, Chief Judge:

On petition for rehearing the government contends that the following paragraph of the court's opinion, Gold Kist, Inc. v. U.S. Department of Agriculture, 741 F.2d 344, 348-49 (11th Cir.1984), is incorrect:

Besides relying on the Secretary's inherent authority to...

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