Ray T. BOYD, Charles Michael Hines, James E. Kelly d/b/a Kelly Farms, and Sessions Company, Inc., Plaintiffs,
American Peanut Shellers Association, Intervenor,
v.
Dan GLICKMAN, as Secretary of the United States Department of Agriculture; Keith Kelley, as Executive Vice-President of the Commodity Credit Corporation; Keith Kelley, as Administrator of Farm Service Agency; The United States Department of Agriculture; The Commodity Credit Corporation and The Farm Service Agency, Defendants.
United States District Court, M.D. Alabama, Southern Division.https://leagle.com/images/logo.png
July 9, 1998.
July 9, 1998.
Attorney(s) appearing for the Case
M. Dale Marsh, Cassady, Fuller & Marsh, Enterprise, AL, for Ray T. Boyd, Charles Michael Hines, James E. Kelly, Kelly Farms and Sessions Co., Inc.
Thomas W. Millet, Department of Justice, Civil Division, Washington, DC, Kenneth E. Vines, U.S. Attorney's Office, Montgomery, AL, Lois Bonsal Osler, U.S. Department of Justice, Civil Division, Federal Programs Branch, Washington, DC, for Dan Glickman, Keith Kelly, U.S. Dept. of Agriculture, Commodity Credit Corp. and Farm Service Agency.
Michael R. McLeod, Richard E. Pasco, Richard T. Rossier, American Peanut Product Manufacturers, Inc., Washington, DC, for American Peanut Product Manufacturers, Inc., amicus.
George R. Reinhardt, Jr., Reinhardt, Whitley, Wilmot & Summerlin, P.C., Tifton, GA, for Alabama Peanut Producer Ass'n, amicus, Florida Peanut Producers Ass'n, amicus, George Agricultural Commodity Com'n for Peanuts, amicus and GFA Peanut Ass'n, amicus.
Fred J. Clark, Washington, DC, for Georgia Peanut Producers Ass'n, amicus, New Mexico Peanut Growers Ass'n, amicus, Oklahoma Peanut Growers Ass'n, amicus, Texas Peanut Growers Ass'n and Southwestern Peanut Growers Ass'n, amicus.
Evans J. Plowden, Jr., Dawn G. Benson, Russell S. Kent, Watson, Spence, Lowe & Chambless, L.L.P., Albany, GA, for American Peanut Shellers Ass'n.
United States District Court, M.D. Alabama, Southern Division.
MEMORANDUM OPINION
ALBRITTON, Chief Judge.
I. INTRODUCTION
This cause is before the court on a Motion to Dismiss the Plaintiffs' Complaint, which is being treated as a Motion for Summary Judgment,1 and a Motion to Dismiss the Intervenor's Complaint, also being treated as a Motion for Summary Judgment, filed by the Defendants Dan Glickman, in his official capacity as Secretary of the United...
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