ROSE ACRE FARMS, INC. v. U.S.

No. 2007-5169.

559 F.3d 1260 (2009)

ROSE ACRE FARMS, INC., Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

March 12, 2009.


Attorney(s) appearing for the Case

Geoffrey G. Slaughter, Taft, Stettinius & Hollister, LLP, of Indianapolis, Indiana, argued for plaintiff-appellee. On the brief was Robert R. Clark.

Mark A. Melnick, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. With him on the brief were Jeanne E. Davidson, Director, and Sheryl L. Floyd, Senior Trial Counsel. Of counsel on the brief was James A. Booth, Deputy Assistant General Counsel, Regulatory Division, OGC, United States Department of Agriculture, of Washington, DC.

Elizabeth Wydra, Community Rights Counsel, of Washington, DC, for amicus curiae American Public Health Association, et al.

John D. Echeverria, Georgetown Environmental Law & Policy Institute, Georgetown University Law Center, of Washington, DC, for amicus curiae Hoosier Environmental Council, et al.

Before MICHEL, Chief Judge, MOORE, Circuit Judge, and HUFF, District Judge.


MICHEL, Chief Judge.

In 1992, Rose Acre Farms, Inc. ("Rose Acre") filed the present action in the United States Court of Federal Claims, claiming that United States Department of Agriculture ("USDA" or "the government") regulations that restricted egg sales from its farms and caused the loss of egg-laying chickens that tested positive for the presence of salmonella bacteria effected a taking requiring compensation under the Fifth Amendment. In 2003, the trial court...

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