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BAIR v. U.S.

No. 2007-5049.

515 F.3d 1323 (2008)

Ross L. BAIR, Lyle K. Bair, Bair Brothers, Bair Farms, Inc., Bergeson Farms, Inc., Ceekaydee Farms General Partnership, Keith B. Child, Corbett Draw Farms General Partnership, D & D Gilbert Farms, Inc., Tom Downs, J. Lamar Gilbert, David Hammond, Jerry Hodges, Chris Hyer, John Hyer, Mark Iverson, L. Sheffels & Sons, Inc., Leon R. Baker Farms, LLC, Jerry C. Milbrandt, R & J Family Farms, Inc., Allan Robel, Ronald Roylance Farms, Inc., Roylance Coulee Partnership, Randy Roylance, SBS Farms, LLC, Travis Steffler, Paul Stoker, Stokrose Farm and Feedlot, Tim Taylor, Tracy. Lybbert Farms, Inc., Duane Marcusen, Luis A. Martinez, Frank Martinez, Legacy Farms, Inc., Shane Christensen, J. Lyn Wood, Piercy Farms, Inc., AG Capital Company, Kevin Jenks, Roger Roylance Farms, Inc., Larry Schaapman, David Edler, Circle D, Inc., Diamond M, Inc., D. Glen Bair, and Washington State Department of Natural Resources, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

February 5, 2008.

Attorney(s) appearing for the Case

Bryce J. Wilcox, Lukins & Annis, P.S., of Spokane, Washington, argued for plaintiffs-appellants.

Steven M. Mager, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General, Jeanne E. Davidson, Director, and Mark A. Melnick, Assistant Director. Of counsel was Gregory T. Jaeger, Attorney.

Before LINN, DYK, and MOORE, Circuit Judges.

DYK, Circuit Judge.

This case involves a takings claim. The alleged taking resulted from the Commodity Credit Corporation's ("CCC") enforcement of its super-priority lien interest in sugar produced from sugar beets under 7 U.S.C. § 7284(d) (2000). Appellants Ross L. Bair, et al. ("appellants") are sugar beet growers whose state-law liens on the sugar were rendered valueless by the enforcement of CCC's super-priority lien. They appeal from the decision of the...

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