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TOM'S FOODS, INC. v. LYNG

Civ. A. No. 88-47-COL.

703 F.Supp. 1562 (1989)

TOM'S FOODS INC., Plaintiff, v. Richard E. LYNG, Secretary of The United States Department of Agriculture; Milton J. Hertz, Executive Vice President, Commodity Credit Corporation; and Commodity Credit Corporation, Defendants.

United States District Court, M.D. Georgia, Columbus Division.

January 10, 1989.

Attorney(s) appearing for the Case

Alan F. Rothschild of Hatcher, Stubbs, Land, Hollis & Rothschild, Columbus, Ga., and Stephen O. Kinnard of Hansell & Post, Atlanta, Ga., for plaintiff.

Jack Hood, Asst. U.S. Atty., Macon, Ga., and Terrence G. Jackson, Office of Gen. Counsel, U.S. Dept. of Agr., Washington, D.C., for defendants.

OPINION AND ORDER ON MOTIONS FOR SUMMARY JUDGMENT

ELLIOTT, District Judge.

Background

Tom's Foods Inc. ("Tom's") is a company based in Columbus, Georgia, which has manufactured and distributed various food products in the southeastern United States for more than 60 years. Some of these products contain peanuts, the purchase and transfer of which are subject to the Federal Price Support Program and the regulations promulgated thereunder by...

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