United States DC Circuit

In a challenge to the Secretary of Agriculture's implementation of a subsidy program for milk producers, determining how much money a producer could receive, the district court lacked jurisdiction to review a challenge to a cap on eligible production, but jurisdiction was valid for a base-year challenge to the Secretary's regulations, and a district court finding is reversed and remanded.

Appellate Information

• Argued 10/10/2002
• Decided 11/15/2002
• Published 11/15/2002

Judges

• Before:  SENTELLE, ROGERS and GARLAND, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Benjamin F. Yale argued the cause for appellants.   With him on the briefs were Kristine H. Reed, Donald M. Barnes, and Lowell H. Patterson III.


• For Appellees:
  
• H. Thomas Byron III, Attorney, U.S. Department of Justice, argued the cause for appellee.   With him on the brief were Roscoe C. Howard, Jr., U.S. Attorney, and Mark B. Stern, Attorney, U.S. Department of Justice.