- 7 - solely for purposes of deciding the motion and are not findings of fact for this case. See Sundstrand Corp. v. Commissioner, supra at 520. Petitioner makes a novel but flawed contention in his effort to withstand summary disposition. He argues that, because this case involves only a record review, the use of summary disposition is inappropriate and improper. He cites Olenhouse v. CCC, 42 F.3d 1560, 1579-1580 (10th Cir. 1994), as support for his argument. In Olenhouse, various wheat producers had sued the Agricultural Stabilization and Conservation Service (ASCS) challenging ASCS’s decision to award reduced deficiency payments for the producers’ wheat under a Federal price support program. The producers claimed, among other things, that the ASCS’s action was arbitrary and capricious in that it was the product of an inadequate administrative appeals process and not supported by substantial evidence in the administrative record. Id. at 1564. The producers had filed an administrative appeal and received an adverse determination, which they appealed to the State ASCS committee and then to the Deputy Administrator, State and County Operations (DASCO). Throughout the appeal process, the producers unsuccessfully attempted to obtain information regarding the basis for the reductions imposed on them and the way the reductions were calculated. Without making any findings of factPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: March 27, 2008