Cole v. United States Department of Agriculture

ANDERSON, Circuit Judge:

The United States Department of Agriculture imposed monetary penalties on plaintiff-appellee Graham L. Cole, a tobacco dealer, under statutes and regulations governing the marketing of tobacco. After unsuccessfully challenging the penalties at the administrative level, Cole brought the present action in district court, eventually moving for summary judgment on the ground that the Secretary of Agriculture lacked specific statutory authority to impose a penalty for Cole’s conduct. The district court agreed and granted Cole’s motion. We are presented with an appeal from a…