Greenhorn Farms v. Espy

39 F.3d 963 GREENHORN FARMS, a Partnership, Plaintiff-Appellant, v. Mike ESPY, Secretary of the U.S. Department of Agriculture; and U.S. Department of Agriculture, an agency of the United States Government, Defendants-Appellees. No. 92-36546. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 14, 1993. Decided Nov. 2, 1994. C. Tom Arkoosh and Michael Day, Roden & Arkoosh, Boise, ID, for plaintiff-appellant. D. Marc Haws, Asst. U.S. Atty., Boise, ID, for defendants-appellees. Appeal from the United States District Court for the District of Idaho. Before: BROWNING, NORRIS, and O'SCANNLAIN, Circuit Judges. PER CURIAM: 1 The Disaster Assistance Act of 1988, Pub.L. No. 100-387, 102 Stat. 924 (codified in relevant part at 7 U.S.C. Sec. 1421 note), was enacted to "provide for disaster payments to producers of any annual commercial crop ... who lose more than 35 percent of their 1988 crop due to the drought, hail, flood, or other natural disaster." H.R.Rep. No. 800, 100th Cong., 2d Sess. 27 (1988), reprinted in 1988 U.S.C.C.A.N. 1192, 1195. 2 Greenhorn Farms appeals a summary judgment in favor of the Secretary of Agriculture on whether section 204 of the 1988 Act…