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GOLD DOLLAR WAREHOUSE, INC. v. GLICKMAN

Nos. 98-2461, 98-2491.

211 F.3d 93 (2000)

GOLD DOLLAR WAREHOUSE, INCORPORATED; Growers Tobacco Warehouse, Incorporated; Big Brick Tobacco Warehouse, Incorporated, Plaintiffs-Appellants, v. Daniel GLICKMAN, in his official capacity as Secretary, United States Department of Agriculture; Samuel J. Coley, in his official capacity as North Carolina State Executive Director of Farm Service Agency, Defendants-Appellees. Gold Dollar Warehouse, Incorporated; Growers Tobacco Warehouse, Incorporated; Big Brick Tobacco Warehouse, Incorporated, Plaintiffs-Appellees, v. Daniel Glickman, in his official capacity as Secretary, United States Department of Agriculture; Samuel J. Coley, in his official capacity as North Carolina State Executive Director of Farm Service Agency, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: April 13, 2000.

Attorney(s) appearing for the Case

ARGUED: Thomas Courtland Manning, Manning & Crouch, Raleigh, North Carolina, for Appellants. Barbara Dickerson Kocher, Assistant United States Attorney, Raleigh, North Carolina, for Appellees.

ON BRIEF: Howard E. Manning, Jr., Kristen G. Lingo, Thomas C. Kilpatrick, Manning, Fulton & Skinner, P.A., Raleigh, North Carolina, for Appellants. Janice McKenzie Cole, United States Attorney, Anne M. Hayes, Assistant United States Attorney, Raleigh, North Carolina, for Appellees.

Before MURNAGHAN, LUTTIG, and MOTZ, Circuit Judges.

Affirmed in part, reversed in part, and remanded with instructions by published opinion. Judge LUTTIG wrote the opinion, in which Judge MURNAGHAN and Judge DIANA GRIBBON MOTZ joined.

OPINION

LUTTIG, Circuit Judge:

Appellants tobacco warehouses appeal from the district court's dismissal, for failure to state a claim, of their challenge to appellee United States Department of Agriculture's ("USDA")1 assessment of penalties...

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