COLE v. U.S. DEPT. OF AGRICULTURE, A.S.C.S.

No. 96-9069.

133 F.3d 803 (1998)

Graham L. COLE, Plaintiff-Counter-Defendant-Appellee, v. UNITED STATES DEPARTMENT OF AGRICULTURE, A.S.C.S., Defendants-Counter-Claimants-Appellants.

United States Court of Appeals, Eleventh Circuit.

January 21, 1998.


Attorney(s) appearing for the Case

James L. Wiggins, U.S. Atty., H. Randolph Aderhold, Jr., Asst. U.S. Atty., Macon, GA, Barbara C. Biddle, Edward R. Cohen, Dept. of Justice, Washington, DC, for Defendants-Counter-Claimants-Appellants.

David R. Tyndall, Moultrie, GA, for Plaintiff-Counter-Defendant-Appellee.

Before ANDERSON and BLACK, Circuit Judges, and MOORE, Senior District Judge.


PER CURIAM:

Defendants-Appellants United States Department of Agriculture and Agricultural Stabilization and Conservation Service ("USDA") appeal from a grant of summary judgment. The district court granted Plaintiff-Appellee Graham L. Cole summary judgment on his claims that a civil penalty assessed against him violates both the Double Jeopardy Clause and the Excessive Fines Clause.

I. Facts and Procedural History

Cole is a tobacco dealer. He instituted...

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