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VAL FARMS v. ESPY

No. 93-1330.

29 F.3d 1470 (1994)

VAL FARMS, a Colorado Partnership; J.A. Vickers; Carolyn Vickers; W.E. Leslie; Linda Vickers; Susan Vickers; Gary Vickers; Gregory Vickers; John A. Vickers, III; The Preston Vickers Trust; Nancy Vickers; Jack M. Stern, Plaintiffs-Appellants, v. Mike ESPY, Secretary, U.S. Department of Agriculture, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 30, 1994.

Attorney(s) appearing for the Case

Michael E. Hegarty (James R. Allison, Interim U.S. Atty., and Kathleen L. Torres, Asst. U.S. Atty., on the brief), Asst. U.S. Atty., Denver, CO, for appellee.

Alan R. Malasky (Lisa S. Kahn of Davis, Graham & Stubbs, Denver, CO, with him on the brief) of Arent, Fox, Kintner, Plotkin & Kahn, Washington, DC, for appellant.

Before KELLY and BARRETT, Circuit Judges, and O'CONNOR, District Judge.

BARRETT, Senior Circuit Judge.

Appellants, VAL Farms, a Colorado partnership, and its eleven general partners, appeal from an order of the district court granting summary judgment in favor of the Secretary of Agriculture (Secretary). A brief summary of the relevant facts follows.

Congress has authorized the Secretary to implement and administer various programs regulating the production of basic agricultural commodities...

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