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HOLLY SUGAR CORP. v. VENEMAN

United States District Court for the District of Columbia


January 6, 2005.

HOLLY SUGAR CORPORATION, et al., Plaintiffs,
v.
ANN M. VENEMAN, SECRETARY, U.S. DEPARTMENT OF AGRICULTURE, et al., Defendants.

The opinion of the court was delivered by: REGGIE B. WALTON, District Judge

ORDER

Upon consideration of the Plaintiffs' Emergency Motion to Alter or Amend this Court's September 15, 2001 Order and accompanying Memorandum Opinion, it is hereby this 6th day of January, 2005

ORDERED that the plaintiffs' Emergency Motion to Alter or Amend is GRANTED. It is further

  ORDERED that this Court's Order and Memorandum Opinion dated September 15, 2004 and located at 335 F. Supp. 2d 100 are hereby VACATED. It is further

  ORDERED that the defendants' motion to dismiss is DENIED and the plaintiffs' motion for summary judgment on counts one, two, and three is GRANTED. It is further

  ORDERED that the parties shall confer and submit a joint stipulation by February 7, 2005, as to the amount of reimbursement the plaintiffs are entitled to recover based upon this Order and accompanying Amended Memorandum Opinion. If the parties are unable to submit a joint stipulation, each party shall submit a statement setting forth their respective position by February 7, 2005. These individual statements shall include the calculations that explain how the parties reached their respective positions. Each party may file a response to the opposing party's statement by February 18, 2005.

  SO ORDERED.

20050106

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