Farms v. United States

13 Cl. Ct. 48, 1987 U.S. Claims LEXIS 125
CourtUnited States Court of Claims
DecidedAugust 7, 1987
DocketNo. 66-86C
StatusPublished
Cited by10 cases

This text of 13 Cl. Ct. 48 (Farms v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Farms v. United States, 13 Cl. Ct. 48, 1987 U.S. Claims LEXIS 125 (cc 1987).

Opinion

OPINION

YOCK, Judge.

This case is currently before the Court on cross-motions for summary judgment. The Court, on its own motion, finds that it is without jurisdiction over this action. As a result, the parties’ cross-motions are denied. Additionally, because this Court believes it would be in the interest of justice to do so, this case is to be transferred to the District Court for the Northern District of Texas, pursuant to 28 U.S.C. § 1631 (1982).

Factual and Procedural Background

Since the plaintiffs’ road to the United States Claims Court has been a long and complicated one, perhaps it would be best to quote from one of the prior Circuit Court opinions that has concisely discussed the factual background in this matter.1 In United States v. O’Neil, 709 F.2d 361, 364-65 (5th Cir.1983) (O’Neil I), the Fifth Circuit summarized the general background of this case as follows:

The government brought these cases (the “O’Neil” cases) along with seven others, recently decided by us under the style of United States v. Batson, et al., 706 F.2d 657 (5th Cir.1983) (the “Batson” eases). The general factual background of each of these O’Neil cases and of the seven Batson cases is basically similar and is set out in detail in the Batson opinion. Since procedural issues are controlling in the O’Neil cases considered here, we will only generally outline the background facts.
The appellees were participants in the Upland Cotton Price Support Program in Gaines County, Texas. Under this program the USDA was authorized to make loans and subsidy payments to cotton producers through the Commodity Credit Corporation and to require the "set aside” of cropland, if necessary, to avoid excessive supplies of cotton. 7 U.S.C. § 1444(e). The program was administered locally by the County Committees of the Agricultural Stabilization and Conservation Service (“ASCS”) within the USDA. 7 C.F.R. § 718.4 (1974). In 1973 the appellees, as participants in the program, were eligible for subsidy payments of fifteen cents per pound of cotton. This subsidy was based upon the number of cotton allotments owned or leased and the “average yield” of those allotments in pounds per acre. 7 C.F.R. § 722.812.
In the spring of 1973 the USDA began investigating the cotton payments in Gaines County, which in 1972 had been abnormally high, about five times the level experienced in other counties. It suspected that cotton allotments or their yield figures were being manipulated to inflate payments in violation of program regulations. In November 1973, as a result of the investigation, the USDA suspended the members of the Gaines County ASCS Committee, who were responsible for administering and enforcing the regulations governing the upland cotton program, and sent Clifton Adams, Acting Assistant to the ASCS Deputy Administrator, from the ASCS Washington, D.C. office to assume the County Committee’s functions.
Adams subsequently rendered “determinations” against certain of the participants in the Gaines County program, including the appellees, finding that they had violated program regulations and requiring refunds of all payments received in connection with the program. Adams found that the appellees in some cases [50]*50had adopted a “scheme or device” to defeat the purpose of the upland cotton program by manipulating transfers of their allotments and allotment yields in violation of 7 C.F.R. § 722.817(b) (1974) and in others had avoided payment limitations in violation of 7 C.F.R. Part 795. The appellees maintained that all of their transfers had been in accordance with the regulations. Some also claimed they had not, or had not directly, received program payments. As required by program regulations, 7 C.F.R. Part 780, Adams held hearings and subsequently issued “redeterminations,” which affirmed his original findings. The appel-lees then took appeals, also provided for by the program regulations, to the State ASCS Committee and then to a USDA hearing officer in Washington, D.C. Adams’ “redeterminations” were affirmed at each of these levels. Similar administrative determinations and proceedings were taken respecting the various parties involved in the Batson cases.
In June and July 1979 the government filed several suits in federal district court for the refunds ordered by these administrative determinations. The four sets of appellees in the present appeals counterclaimed in the respective suits against them for the damages they had suffered from having been placed on the Federal Debt Register because of the disputed refunds.* 1 All parties in each of the suits moved for summary judgment, and on April 3, 1981 the district court granted the defendants’ motions in each of the four O'Neil cases, and in each of the seven Batson cases which were also before it. It included in the separate judgments issued in each of the four O’Neil cases the statement that “[t]he defendants’ counterclaim against the plaintiff is severed from the cause of action alleged by plaintiff and will be tried separately and at a later date. ” [Emphasis in original.]
The government filed a timely appeal in each of the seven Batson cases on May 29, 1981, but took no action with respect to appeal of any of the O’Neil cases. On September 15, 1981 the district court, in response to motions filed by appellees in the severed cases during August 1981, ruled in a “Memorandum and Order” that the April 3, 1981 judgments in the original four O’Neil cases had become final at the expiration of the sixty-day appeal period, and rendered judgments against the government in the severed cases dealing with the counterclaims of these appellees. It stated that the April 3 judgments became final notwithstanding the unresolved counterclaims because those claims had been severed under Fed.R.Civ.P. 21, and were thus no longer a part of the same suits.
On October 27, 1981 the government filed in each of the original O’Neil cases a Rule 60(b) motion for relief from the April 3, 1981 judgment, alleging a good-faith belief that it had not been a final, appealable order because of the pending counterclaims. The district court denied each of these motions on November 2, 1981, holding that “a Rule 60(b) motion may not substitute for a timely appeal,” and that “an attorney’s misunderstanding of the law is not the type of mistake or excusable neglect contemplated by Rule 60(b).”

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Bluebook (online)
13 Cl. Ct. 48, 1987 U.S. Claims LEXIS 125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farms-v-united-states-cc-1987.