# Cheryl Taylor v. US Department of Agriculture

> Court of Appeals for the D.C. Circuit · March 2, 2011

URL: https://www.frixlaw.com/law-library/cases/205800

## Case

- **Court:** Court of Appeals for the D.C. Circuit
- **Decided:** March 2, 2011
- **Precedential status:** Published
- **Opinion:** Opinion
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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## Opinion text

United States Court of Appeals
F OR T HE D ISTRICT OF C OLUMBIA C IRCUIT
____________

No. 09-1270 September Term 2010
AGRI-PACA-APP06-0008

Filed On: March 2, 2011

Cheryl A. Taylor and Steven C. Finberg,

Petitioners
v.

United States Department of Agriculture and
United States of America,

Respondents

BEFORE: Brown*, Circuit Judges; Edwards and Randolph, Senior Circuit
Judges
ORDER

Upon consideration of respondents’ petition for rehearing, it is

ORDERED, that the petition be granted as to the qualification of the factual
statements on page 7 of the opinion and denied as to the references to Quinn v. Butz, 510
F.2d 743 (D.C. Cir. 1975). It is

FURTHER ORDERED that the opinion of the court issued on January 7, 2011, be
amended as follows:

Page 7, ¶ 1, Lines 12-14: Delete “And the board, not company officers or
managers, made all decisions governing the company’s bills, capital expenditures, and
personnel. Id. at 146-49, 1 J.A. 96-99. . . . ” and insert in lieu thereof “And there is
evidence that the board, not company officers or managers, made all decisions governing
the company’s bills, capital expenditures, and personnel. Id. at 146-49, 1 J.A. 96-99.”

Page 7, ¶ 2, Lines 1-4: Delete “And even though they carried “officer” titles at Fresh
America, neither Taylor not Finberg had any measurable power or authority in board
deliberations. . . .” and insert in lieu thereof “And even though they carried “officer” titles at
Fresh America, there is evidence that neither Taylor nor Finberg had any measurable
power or authority in board deliberations. (Emphasis added.)”

Per Curiam

FOR THE COURT:
Mark J. Langer, Clerk

BY: /s/
Jennifer M. Clark
Deputy Clerk

* Circuit Judge Brown did not participate in this matter.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/205800. Public record. Not legal advice.