McBRIDE COTTON AND CATTLE CORP. v. VENEMAN

No. 00-17378.

290 F.3d 973 (2002)

McBRIDE COTTON AND CATTLE CORPORATION, an Arizona corporation, on behalf of themselves and others similarly situated; Running Water Land & Cattle, Inc., a Texas corporation, on behalf of themselves and all others similarly situated; Thompson Farm, a Texas General Partnership, on behalf of themselves and all others similarly situated; C.J. Land & Cattle, L.P., a Nebraska Limited Partnership, on behalf of themselves and all other similarly situated; Brandstatt Family Trust, a Texas trust, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. Ann M. VENEMAN, Secretary of the United States Department of Agriculture, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 19, 2002.


Attorney(s) appearing for the Case

Merinda K. Condra and Gary D. Condra, Condra & Condra, Lubbock, TX, for the appellants.

Sushma Soni, Department of Justice, Washington, DC, for the appellee.

Before: THOMPSON, W. FLETCHER, and BERZON, Circuit Judges.


DAVID R. THOMPSON, Circuit Judge.

The five plaintiffs operate family farm businesses which receive contractual payments from farm programs administered by the United States Department of Agriculture's (USDA) Commodity Credit Corporation (CCC). Each plaintiff has at least one shareholder, member, or beneficiary who is a delinquent debtor on an agricultural loan administered by the USDA. None of the plaintiffs is a delinquent debtor. Through administrative offset, the...

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