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BASTEK v. FEDERAL CROP INS. CORP.

No. 97 CV 410 (BDP).

975 F.Supp. 534 (1997)

James BASTEK, Russell Kowal, Christopher Pawelski and Michael Pillmeier, on behalf of themselves and all others similarly situated, Plaintiffs, v. FEDERAL CROP INSURANCE CORPORATION, and Dan Glickman, solely in his capacity as Secretary of Agriculture, Defendants.

United States District Court, S.D. New York.

August 28, 1997.

Attorney(s) appearing for the Case

Debra A. Mayer, Gold, Farrell & Marks, New York City, for Plaintiffs.

Irene Chang, Asst. U.S. Atty., New York City, for Defendants.

MEMORANDUM DECISION AND ORDER

PARKER, District Judge.

Plaintiffs bring this action challenging the application of the indemnity provision of the Federal Crop Insurance Act ("the Act"), 7 U.S.C. § 1501 et seq. The Federal Crop Insurance Corporation ("FCIC") and Agriculture Secretary Dan Glickman (collectively "the Government") move to dismiss, pursuant to Fed.R.Civ.P. 12(c), on the basis that plaintiffs have failed to exhaust their administrative...

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