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HOLLY SUGAR CORP. v. JOHANNS

No. 05-5067.

437 F.3d 1210 (2006)

HOLLY SUGAR CORPORATION, et al., Appellees v. Michael JOHANNS, In his official capacity as Secretary of Agriculture and as Chairman of the Commodity Credit Corporation, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided February 7, 2006.

Attorney(s) appearing for the Case

Alan Burch, Assistant U.S. Attorney, U.S. Attorney's Office, argued the cause for appellant. With him on the briefs were Kenneth L. Wainstein, U.S. Attorney, and Michael J. Ryan, Assistant U.S. Attorney. R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.

Dale E. McNiel argued the cause for appellee. With him on the brief was Erik S. Jaffe.

Before: TATEL, GARLAND, and GRIFFITH, Circuit Judges.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge.

Appellees, a group of sugar processors, receive sugar loans from the federal government. Until 1996, interest rates for all agricultural commodity loans, including sugar, were set by regulations promulgated by the agency charged with administering the loans, the Commodity Credit Corporation (CCC). In that year, however, Congress set the rate by statute, increasing it by one percentage...

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