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DOANE v. ESPY

No. 93-2911.

26 F.3d 783 (1994)

Russell C. DOANE, Plaintiff-Appellant, v. Michael ESPY, Secretary, United States Department of Agriculture, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 16, 1994.

Attorney(s) appearing for the Case

Alan R. Malasky, Arent, Fox, Kintner, Plotkin & Kahn, Washington, DC (argued), William R. Steinmetz, Reinhart, Boerner, Vandeuren, Norris & Rieselbach, Milwaukee, WI, for plaintiff-appellant.

Mark S. Flynn, Dept. of Labor, Office of Sol., (argued), Margaret M. Breinholt, Raymond Fullerton, Dept. of Agriculture, Office of Gen. Counsel, Washington, DC, Christa A. Reisterer, Asst. U.S. Atty., Madison, WI, for defendant-appellee.

Before POSNER, Chief Judge, BAUER, Circuit Judge, and NORGLE, District Judge.

BAUER, Circuit Judge.

Russell Doane owns Doane Farms in Dunn County, Wisconsin, where he raises dark red kidney beans and corn. He also owns a sixty percent interest in Chippewa Valley Bean Company ("CVBC"), a licensed public warehouse for storing and handling kidney beans that also acts as a marketing agent for producers who wish to sell their kidney beans. During the summer of 1988, a severe drought caused a nineteen percent loss of Doane's corn crop and a fifty...

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