Galloway Farms, Inc. v. United States

834 F.2d 998, 1987 WL 4581
CourtCourt of Appeals for the Federal Circuit
DecidedDecember 2, 1987
DocketNo. 87-1458
StatusPublished
Cited by112 cases

This text of 834 F.2d 998 (Galloway Farms, Inc. v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Federal Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Galloway Farms, Inc. v. United States, 834 F.2d 998, 1987 WL 4581 (Fed. Cir. 1987).

Opinions

NICHOLS, Senior Circuit Judge.

The Eighth Circuit transferred this appeal to the Federal Circuit pursuant to the provisions of 28 U.S.C. § 1631 (1987). We affirm the district court’s dismissal of appellants’ claims which was based on jurisdictional defects and substantive meritlessness in unstated proportions.

[999]*999 Background,

Appellants are the owners of a family-run farm in Iowa producing various wheat, other grain and farm products. In 1980, President Jimmy Carter imposed a grain embargo on the Soviet Union — pursuant to the authority vested in the President under the Export Administration Act of 1979, 50 U.S.C.App. §§ 2401 et seq. (1980) — in response to the U.S.S.R.’s invasion of Afghanistan. Appellants claimed severe losses due to the implementation of the embargo (Joint Appendix, hereinafter J.A., at 78) and to adverse weather conditions. They applied for disaster relief from various authorized government agencies and all their applications were denied. (J.A. at 47-51) Appellants then attempted to obtain relief from other government entities, each attempt resulting in ultimate denials. They assert they were further harmed because the Department of Agriculture assessed the cost of producing grain incorrectly and so reported to Congress.

Following their failure to obtain relief, appellants filed suit on January 14,1985, in the Southern District of Iowa against the United States and two Secretaries of Agriculture, one a former holder of the office, alleging several violations of various statutes and constitutional rights, basing jurisdiction on: (1) the Little Tucker Act (LTA) as to uncompensated takings, 28 U.S.C. § 1346(a)(2) (1982); (2) the Federal Tort Claims Act, 28 U.S.C. § 1346(b); (3) a breach of the Secretary of Agriculture’s general duties and negligent and ultra vires performance of other duties; (4) unlawful revocation of the Economic Stabilization Act; and (5) intentional infliction of emotional distress.

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Bluebook (online)
834 F.2d 998, 1987 WL 4581, Counsel Stack Legal Research, https://law.counselstack.com/opinion/galloway-farms-inc-v-united-states-cafc-1987.