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TEICHMAN v. ESPY

No. 95-2168.

122 F.3d 341 (1997)

Herbert F. TEICHMAN, Plaintiff-Appellant, v. Mike ESPY, Secretary of Agriculture, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided August 13, 1997.

Rehearing Denied October 8, 1997.

Attorney(s) appearing for the Case

Charles T. LaSata (briefed), Globensky, Gleiss, Bittner & Hyrns, St. Joseph, MI, Judith Teichman (argued), San Francisco, CA, for Plaintiff-Appellant.

Michael L. Schipper, Asst. U.S. Attorney (argued and briefed), Office of the U.S. Attorney for the Western District of Michigan, Grand Rapids, MI, for Defendant-Appellee.

Before: NORRIS, SUHRHEINRICH and BATCHELDER, Circuit Judges.

BATCHELDER, Circuit Judge.

Plaintiff appeals the district court's order entering judgment in favor of the Secretary of Agriculture. Plaintiff brought this action to obtain judicial review of the Secretary's decision to deny his claim for relief under the Federal Tree Assistance Program of the Food, Agriculture, Conservation, and Trade Act of 1990, Pub.L. No. 101-624, § 2255, 104 Stat. 3359, 3974 (1990), for the apple trees he lost due to fire blight. For the...

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