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DCP FARMS v. YEUTTER

No. 91-1384.

957 F.2d 1183 (1992)

DCP FARMS, et al., Plaintiffs-Appellees, v. Clayton YEUTTER, Secretary of Agriculture, and U.S. Department of Agriculture, Agricultural Stabilization & Conservation Service, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied April 22, 1992.

Attorney(s) appearing for the Case

Robert Q. Whitwell, U.S. Atty., Stuart M. Gerson, Asst. U.S. Atty., Oxford, Miss., for Clayton Yeutter, SEC, USDA, & USDA-ASCS.

Michael J. Singer, Appellate Staff, Patricia Mack Bryan, Deputy Asst. Atty. Gen., Matthew M. Collette, Civ. Div., U.S. Dept. of Justice, Washington, D.C., for defendants-appellants.

John W. Dulaney, Jr., Dulaney & Dulaney, Tunica, Miss., Alan R. Malasky, Salvatore A. Romano, Lewis Rose, Arent, Fox, Kinter, Plotkin & Kahn, Washington, D.C., for plaintiffs-appellees.

Before REAVLEY, HIGGINBOTHAM, and DeMOSS, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 22, 1992.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This appeal raises the question of whether the "mere appearance of bias or pressure" standard adopted in Pillsbury Co. v. FTC, 354 F.2d 952 (5th Cir.1966) applies to claims of improper congressional interference with an administrative determination of eligibility for farm subsidies. We find that contact between a congressman...

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