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BASTEK v. FEDERAL CROP INS. CORP.

Docket No. 97-6221.

145 F.3d 90 (1998)

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

United States Court of Appeals, Second Circuit.

Decided May 22, 1998.

Attorney(s) appearing for the Case

Martin R. Gold, Gold, Farrell & Marks, New York City (Robert P. Mulvey, Debra A. Mayer, of counsel), for Plaintiffs-Appellants.

Irene Chang, Assistant United States Attorney, Southern District of New York (Mary Jo White, United States Attorney, Gideon A. Schor, Assistant United States Attorney, Southern District of New York, of counsel), for Defendants-Appellees.

Before: CALABRESI, CABRANES and HEANEY, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge:

Plaintiffs James Bastek, Russell Kowal, Christopher Pawelski, and Michael Pillmeier appeal an order of the United States District Court for the Southern District of New York (Barrington D. Parker, Jr., Judge), dismissing their complaint for failure to exhaust administrative appeals pursuant to 7 U.S.C. § 6912(e). Plaintiffs, who are onion farmers, sought a declaratory judgment that the manner in which defendant Federal...

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