Legal Opinion

United States v. Jerry M. Dierckman

Court of Appeals for the Seventh Circuit

Decided January 11, 2000No. 98-4131PublishedCited by 13 opinions

1Opinion of the Court

CUDAHY, Circuit Judge.

In 1993, the United States Department of Agriculture (USDA) declared Jerry Dierckman 1 ineligible for all USDA farm program benefits, retroactive to the 1991 crop year. Ineligibility was based on Jerry’s violation of the Swampbuster provisions of the Food Security Act of 1985 (FSA), as amended by the Food, Agriculture, Conservation, and Trade Act (FAC-TA). The United States sued to recover the $92,703.00 in farm benefits paid to Jerry from 1991 to 1993. In that lawsuit, Jerry challenged the constitutionality of certain portions of the FSA and the validity of certain USDA…

2Cases cited17 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  3. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
  4. Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc.Supreme Court of the United States · 1975
  5. United States v. LopezSupreme Court of the United States · 1995

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3Cited by13 opinions

  1. CE Design, Ltd. v. PRISM BUSINESS MEDIA, INC.Court of Appeals for the Seventh Circuit · 2010
  2. Dawson Farms, LLC v. Farm Service AgencyCourt of Appeals for the Fifth Circuit · 2007
  3. Thomas P. Krukowski and Ermina A. Krukowski v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 2002
  4. Todd v. CarstarphenDistrict Court, N.D. Georgia · 2017
  5. Horn Farms, Inc. v. Mike Johanns, Secretary of AgricultureCourt of Appeals for the Seventh Circuit · 2005

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