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GRAV v. U.S.

No. 89-1180.

886 F.2d 1305 (1989)

Peter G. GRAV, Arlene L. Grav, and The First National Bank in Sioux Falls, Plaintiffs-Appellees, v. The UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied December 18, 1989.

Suggestion for Rehearing Declined December 28, 1989.

Attorney(s) appearing for the Case

Robert E. Hayes, Davenport, Evans, Hurwitz & Smith, of Sioux Falls, S.D., argued for plaintiffs-appellees.

Peter G. Barber, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for defendant-appellant. With him on the brief were John R. Bolton, Asst. Atty. Gen., and David M. Cohen, Director.

Before MAYER, Circuit Judge, SMITH, Senior Circuit Judge, and MICHEL, Circuit Judge.

Suggestion for Rehearing In Banc Declined December 28, 1989.

MICHEL, Circuit Judge.

The United States appeals the decision of the United States Claims Court, Grav v. United States, 14 Cl.Ct. 390 (1988), granting the Gravs' motion for summary judgment for $50,686.00 to which they were entitled and wrongfully denied under the Milk Diversion Program (MDP), 7 U.S.C. § 1446(d) (Supp. I 1983). The Claims Court denied the United States' (government's...

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