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RAIN & HAIL INS. SERVICE v. FEDERAL CROP INS.

Civil Action No. M-01-280.

229 F.Supp.2d 710 (2002)

RAIN & HAIL INSURANCE SERVICE, INC., an Iowa Corporation, and Rain & Hail, L.L.C., an Iowa Limited Liability Company, Plaintiffs, v. FEDERAL CROP INSURANCE CORP., A Corporation Within the United States Department of Agriculture, and Risk Management Agency, An Agency Within the United States Department of Agriculture, Defendants.

United States District Court, S.D. Texas, McAllen Division.

October 31, 2002.

Attorney(s) appearing for the Case

Mark W. Walker, Walker & Twenhafel LLP, McAllen, TX, Frank W. Pechacek, Jr., Bruce B. Green, Willson & Pechacek PLC, Council Bluffs, IA, for Plaintiffs.

David Guerra, U.S. Attorneys Office, McAllen, TX, Mark A. Melnick, Kevin W. McArdle, U.S. Dept of Justice, Civil Div, Washington, DC, Michael Taylor Shelby, AUSA, Houston, TX, for Defendants.

ORDER ON MOTION TO DISMISS

CRANE, District Judge.

I. Background

Plaintiffs' claims arise out of the Federal Crop Insurance Corporation's (FCIC) and the Agriculture Board of Contract Appeals' (ABCA) determination to withhold reinsurance funds from Rain and Hail, who Defendants claim improperly paid over $1.5 million dollars in primary insurance to farmers in the Texas Coastal Bend area for cotton crop losses during the drought of 1996.

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