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ACKERMAN v. UNITED STATES DEPT. OF AGRICULTURE

No. 19-2056.

995 F.3d 528 (2021)

Gregory ACKERMAN, Plaintiff, Ackerman & Son, LLC, et al., Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF AGRICULTURE, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 28, 2021.

Attorney(s) appearing for the Case

ARGUED: Mark Granzotto , MARK GRANZOTTO, PC, Berkley, Michigan, for Appellants. Leif Overvold , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Federal Appellees. ON BRIEF: Mark Granzotto , MARK GRANZOTTO, PC, Berkley, Michigan, John D. Tallman , JOHN D. TALLMAN, PLC, Grand Rapids, Michigan, for Appellants. Sarah E. Weiner , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Federal Appellees. Robert G. Kamenec , Elaine M. Pohl , PLUNKETT COONEY, Bloomfield Hills, Michigan, for Insurance Appellees.

KETHLEDGE, J., delivered the opinion of the court in which GUY, J., joined. CLAY, J. (pp. 534-40), delivered a separate dissenting opinion.

OPINION

To recite the facts in this case is essentially to decide it. The short version is that an agency within the Department of Agriculture summarily approved a proposed plan for dry-bean crop insurance in Michigan based upon the mistaken belief that the terms of the proposed endorsement for the Michigan policy...

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