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AMALGAMATED SUGAR CO. LLC v. VILSACK

No. 07-35971.

555 F.3d 816 (2009)

AMALGAMATED SUGAR CO. LLC, Plaintiff-Appellant, v. Thomas VILSACK; Dept. of Agriculture, Defendants-Appellees, American Crystal Sugar Company, Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 11, 2009.

Attorney(s) appearing for the Case

Kevin J. Brosch, DTB Associates, LLP, Washington, DC, for plaintiff-appellant.

Jeffrey Kahn, Office of the General Counsel, U.S. Dept. of Agriculture, Washington, DC, Joanne P. Rodriguez, Assistant United States Attorney, United States Attorney's Office, Boise, ID, for the defendant-appellee.

David P. Bundle and Sarah C.S. McLaren, Fredrikson & Byron, PA, Minneapolis, MN, for intervenor-appellee.

Before: J. CLIFFORD WALLACE, STEPHEN S. TROTT and N. RANDY SMITH, Circuit Judges.

N.R. SMITH, Circuit Judge:

We are asked for the first time to review the construction and application of certain provisions of the Agricultural Adjustment Act (the "Act"), specifically 7 U.S.C. §§ 1359dd(b)(2)(E)-(F).1 We conclude that the disputed provisions of the Act to be unambiguous; therefore, the district court erred in granting Chevron deference to the interpretation advanced by the U.S. Department of Agriculture...

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