Cebe Farms, Ind. v. United States

*175RULING ON DEFENDANT’S MOTION FOR JUDGMENT ON THE PLEADINGS WITH RESPECT TO PLAINTIFFS’ FIRST CAUSE OF ACTION

SWEENEY, Judge.

Plaintiffs seek damages for breach of contract or, alternatively, just compensation under the Fifth Amendment to the United States Constitution following the destruction by the United States Department of Agriculture (“USDA”) of their “uninfected genetically unique and irreplaceable breeder chickens and eggs as part of USDA’s effort to stop the spread of and eradicate Exotic Newcastle Disease [ (“END”) ] following an outbreak in Southern California” in 2002. Am. Compl. ¶…