Halbert v. United States

OPINION

RADER, Judge.

In this contract action, Mr. Richard Hal-bert, a New York dairy farmer (plaintiff), seeks money damages under the Tucker Act, 28 U.S.C. § 1491 (1982). Plaintiff applied to participate in the Milk Diversion Program (Program) authorized by the Dairy and Tobacco Adjustment Act of 1983 (Act), Pub.L. No. 98-180, 97 Stat. 1128 (1983). The United States Department of Agriculture (USDA) denied the application. Plaintiff contends the denial was arbitrary, capricious, and unreasonable. Defendant responds that the United States Claims Court lacks jurisdiction to decide plaintiff’s…