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SYBRANDY v. U.S. DEPT. OF AGRICULTURE

Nos. 90-35056, 90-35555 and 90-35556.

937 F.2d 443 (1991)

Elisabeth SYBRANDY, Pieter Sybrandy, Husband and Wife, Plaintiffs-Appellees, v. UNITED STATES DEPARTMENT OF AGRICULTURE, AGRICULTURAL STABILIZATION AND CONSERVATION SERVICE, Defendant-Appellant (Two Cases). Elisabeth SYBRANDY, Pieter Sybrandy, Husband and Wife, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF AGRICULTURE, AGRICULTURAL STABILIZATION AND CONSERVATION SERVICE, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 24, 1991.

Attorney(s) appearing for the Case

Susan M. Sleater, U.S. Dept. of Justice, Washington, D.C., for defendant-appellant-cross-appellee.

Mark E. Fickes, Velikanje, Moore & Shore, Yakima, Wash., for plaintiff-appellee-cross-appellant.

Before WRIGHT, FARRIS and THOMPSON, Circuit Judges.

FARRIS, Circuit Judge:

The United States Department of Agriculture appeals the district court's order of summary judgment in favor of Pieter and Elisabeth Sybrandy. The Sybrandys challenge the Department of Agriculture's determination that they violated Dairy Milk Production Termination Program requirements. We reverse.

Background

The Dairy Milk Production Termination Program, 7 U.S.C. § 1446(d), was enacted by Congress in 1985. The Termination...

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