AMERICAN GROWERS INS. v. FEDERAL CROP INS. CORP.

No. CIV.1-01-CV-10059.

210 F.Supp.2d 1088 (2002)

AMERICAN GROWERS INSURANCE COMPANY, Plaintiff, v. FEDERAL CROP INSURANCE CORPORATION, a Corporation within the United States Department of Agriculture, Risk Management Agency, and agency of and within the United States Department of Agriculture, and Phyllis W. Honor, Acting Manager of the Federal Crop Insurance Corporation and Acting Administrator of Risk Management Agency, Defendants.

United States District Court, S.D. Iowa, Western Division.

June 26, 2002.


Attorney(s) appearing for the Case

Patrick B. Griffin, Kutak Rock LLP, Omaha, NE, Frank W. Pechacek, Jr., Bruce B. Green, Willson & Pechacek PLC, Council Bluffs, IA, for plaintiff.

Gary L. Hayward, Asst. U.S. Atty., Des Moines, IA, Kevin W. McArdle, U.S. Dept. of Justice, Civil Division, Washington, DC, for defendants.


ORDER

LONGSTAFF, Chief Judge.

Before the Court is defendants' motion to dismiss filed February 7, 2002. Plaintiff filed a resistance on March 15. No reply brief was filed, but on May 17 defendant filed a supplemental brief in support of its motion. Thereafter, plaintiff filed a supplemental resistance on May 28 and a June 18 supplement to their supplemental resistance.

I. BACKGROUND

Plaintiff is a Nebraska corporation with its principal...

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