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THOMAS CREEK LUMBER AND LOG CO. v. MADIGAN

Civ. No. 92-1164-JO.

815 F.Supp. 355 (1993)

THOMAS CREEK LUMBER AND LOG COMPANY, Plaintiff, v. Edward MADIGAN, Secretary of the U.S. Department of Agriculture, et al., Defendants.

United States District Court, D. Oregon.

February 26, 1993.

Attorney(s) appearing for the Case

Robert L. O'Halloran and Joseph A. Yazbeck, Jr., Bennett Yazbeck & O'Halloran, P.C., Portland, OR, for plaintiff.

Riley J. Atkins, United States Attorney's Office, Portland, OR; Stuart M. Gerson, U.S. Department of Justice, Civ. Div., Fed. Prog. Branch; and Thomas W. Petersen and Brad Fagg, Dept. of Justice, Commercial Litigation Branch-CV Branch, Washington, DC, for defendants.

AMENDED OPINION AND ORDER

ROBERT E. JONES, District Judge:

Plaintiff, an Oregon logging company, has charged the government with violating the federal Debt Collection Act ("DCA") in connection with credit offsets levied following a determination by the United States Forest Service ("Forest Service") that plaintiff undervalued timber it cut on Forest Service land.

The government, in its motion to dismiss...

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