· 11/3/1998
Gallo Cattle Company, a California Limited Partnership v. The United States Department of Agriculture
Citations
- 159 F.3d 1194
- 98 Cal. Daily Op. Serv. 8160
- 98 Daily Journal DAR 11347
- 1998 U.S. App. LEXIS 27957
- 1998 WL 762523
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that “the post- (continued…) refunds of all fees and assessments issued by the Philadelphia Parking Authority
- holding that there is no subject matter jurisdiction under the APA in the absence of “final agency action” and explaining when an agency action is “final”
- recognizing that the APA is not a jurisdictional statute
- explaining that decision to not allow Gallo to pay its assessments into escrow accounts is not final agency action because obligation to pay assessments arises pursuant to the Dairy Promotion Program not from the agency’s decision
- noting § 702’s “waiver of sovereign immunity contains several limitations,” including § 704’s requirement that the challenged conduct be “final agency action” or agency action otherwise reviewable by statute
- addressing the 'waiver of sovereign immunity in suits seeµing judicial review of a federal agency action under [28 U.S.C.] y 1331'
Source: CourtListener parenthetical corpus (CC0).
Judges: Fletcher, Nelson, Whaley
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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