Legal Opinion

Alaniz v. United States Secretary of Agriculture

United States Court of International Trade

Decided November 15, 2006No. Court 05-00594Published

1Opinion of the Court

OPINION

STANCEU, Judge:

Defendant, the United States Secretary of Agriculture (“the Secretary”) moves to dismiss for lack of subject matter jurisdiction the action filed by plaintiff Sandalio T. Alaniz (“Alaniz”), arguing that dismissal is required because of Alaniz’s failure to file a timely appeal of the denial by the United States Department of Agriculture (“USDA”) of Alaniz’s application for a cash benefit under the Trade Adjustment Assistance (“TAA”) for Farmers program. Defendant contends that plaintiff failed to seek judicial review of the denial within the sixty-day period prescribed by…

2Cases cited14 opinions

  1. Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
  2. Susan Mary Kamen v. American Telephone & Telegraph Co., Patricia McDonald and Carol BuckhamCourt of Appeals for the Second Circuit · 1986
  3. Thomson v. GaskillSupreme Court of the United States · 1942
  4. Alder Terrace, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 1998
  5. Bradley v. Chiron Corp.Court of Appeals for the Federal Circuit · 1998

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