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SWISHER INTERN., INC. v. SCHAFER

No. 07-15886.

550 F.3d 1046 (2008)

SWISHER INTERNATIONAL, INC., Plaintiff-Appellant, v. Ed SCHAFER, Secretary of Agriculture, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 3, 2008.

Attorney(s) appearing for the Case

Karen Cox, Bush, Ross, Gardner, Warren & Rudy, P.A., Tampa, FL, Andrew G. Celli, Emery, Celli, Brinckerhoff & Abady, LLP, New York City, for Plaintiff-Appellant.

Christopher J. Walker, Mark B. Stern, Mark R. Freeman, U.S. Dept. of Justice, Civ. Div., App. Staff, Washington, DC, for Schafer.

Before ANDERSON, BARKETT and COX, Circuit Judges.

ANDERSON, Circuit Judge:

Swisher International, Inc. ("Swisher") appeals the district court's grant of summary judgment in favor of Edward T. Schafer, Secretary of Agriculture (the "Secretary").1 Swisher alleged that the Fair and Equitable Tobacco Reform Act of 2004, 7 U.S.C. § 518 et seq. (the "Act") and its implementing procedures violate the Takings and Due Process Clauses of the Fifth Amendment and Swisher's constitutional...

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