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MILK TRAIN, INC. v. VENEMAN

No. 01-5310.

310 F.3d 747 (2002)

MILK TRAIN, INC., et al., Appellants, v. Ann M. VENEMAN, Secretary, United States Department of Agriculture, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided November 15, 2002.

Attorney(s) appearing for the Case

Benjamin F. Yale argued the cause for appellants. With him on the briefs were Kristine H. Reed, Donald M. Barnes, and Lowell H. Patterson III.

H. Thomas Byron III, Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the brief were Roscoe C. Howard, Jr., U.S. Attorney, and Mark B. Stern, Attorney, U.S. Department of Justice.

Before: SENTELLE, ROGERS and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS.

Dissenting opinion filed by Circuit Judge SENTELLE.

ROGERS, Circuit Judge:

The question in this appeal is whether the Secretary of Agriculture's implementation of a 1999 subsidy program for milk producers was inconsistent with the statutory requirement that payments be made "for economic losses incurred during 1999." Agriculture, Rural Development, Food and Drug Administration, and Related Agencies...

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