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GORE, INC. v. GLICKMAN

No. 97-50047.

137 F.3d 863 (1998)

GORE, INC. d/b/a Pure Milk Co., Plaintiff-Appellant, v. Dan GLICKMAN, as Secretary of Agriculture, United States Department of Agriculture, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 2, 1998.

Attorney(s) appearing for the Case

Benjamin F. Yale, Benjamin F. Yale & Associates, Wanesfield, OH, for Plaintiff-Appellant.

Ernest Carlos Garcia, Austin, TX, for Defendant-Appellee.

Before KING and JONES, Circuit Judges, and WERLEIN, District Judge.

WERLEIN, District Judge:

The sole issue in this appeal is whether Plaintiff-Appellant Gore, Inc. is entitled to prejudgment interest on a refund it recovered in Gore, Inc. v. Espy, 87 F.3d 767 (5th Cir.1996) ("Gore I"). In "Gore I" this Court held that Gore was entitled to recover from the milk producer-settlement fund the sum of $366,772.28 in payments that Gore had made into that fund pursuant to an erroneous determination...

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