Cebe Farms, Ind. v. United States, 103 Fed. Cl. 174 (Fed. Cl. 2012)

(plaintiff and USDA negotiated agreement that industry appraisals would serve as compensation for plaintiff’s niche breeding stock of colored broiler chickens to be destroyed in government action to eradicate Exotic Newcastle Disease outbreak in California; defendant alleged USDA breached its contract to pay compensation based on industry appraisal, but USDA paid half of lowest appraisal; USDA claimed no contract formed and sought dismissal of plaintiff’s claim; defendant’s motion for judgment on the pleadings for breach of contract claim denied because plaintiff alleged all requisite elements of a contract in the pleadings).

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