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FULLENKAMP v. VENEMAN

No. 03-3731.

383 F.3d 478 (2004)

Michael FULLENKAMP, et al., Plaintiffs-Appellants, v. Ann M. VENEMAN, in her capacity as Secretary of the United States Department of Agriculture, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed September 2, 2004.

Attorney(s) appearing for the Case

Benjamin F. Yale (argued and briefed), Kristine H. Reed (briefed), Ryan K. Miltner (briefed), Benjamin F. Yale & Assoc. Co., Waynesfield, OH, for Plaintiff-Appellant.

Michael Anne Johnson, Asst. U.S. Attorney, Cleveland, OH, Carolyn McKee, U.S. Department of Justice, Washington, DC, for Jeffrey Clair (argued and briefed), U.S. Department of Justice Civil Division, Appellate, Washington, DC, for Defendants-Appellees.

Before: DAUGHTREY, GIBBONS, and COOK, Circuit Judges.

OPINION

MARTHA CRAIG DAUGHTREY, Circuit Judge.

The plaintiffs in this case are dairy farmers who annually produce over 2.4 million pounds of milk. They challenge the regulations promulgated by the defendant Secretary of Agriculture to implement the federal Milk Income Loss Contract Program, 7 U.S.C. § 7982. When a producer signs a contract to join the program, it begins receiving monthly payments on the eligible milk it produces and, under the statute...

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