Luck v. United States Department of Agriculture, No. 6:10-cv-37, 2011 U.S. Dist. LEXIS 30703 (W.D. Va. Mar. 24, 2011)

(plaintiff's claim against defendant dismissed for failure to exhaust administrative remedies; plaintiff operated a dairy operation and was an FSA borrower in good standing and participated in USDA farm loan programs; area declared disaster in 1995, and county office advised plaintiff that loan would be ready in spring of 1996 so that plaintiff could plant feed crops; county office later advised plaintiff that disaster loan funds not available and plaintiff ultimately closed on loan with private lender in fall of 1996 which was too late to plant crops; plaintiff's cattle died, dairy production collapsed and plaintiff lost farm to foreclosure; in 2008, plaintiff notified by e-mail that county office had funds available in 1996 and that disaster loans were available; plaintiff sought compensatory damages of $5 million and $10 million of punitive damages for intentional misrepresentation of available funds that caused plaintiff's damages; plaintiff never brought administrative appeal from any final administrative agency decision within two years of accrual of claim). 

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