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United States Fifth Circuit


Kinder Canal Co., Inc vs. Johanns, 06-30238

In a suit involving farm-support payments from the Farm Service Agency, district court decision that plaintiffs must refund the payments is affirmed where: 1) the FSA's decision that it could demand repayment was not arbitrary, capricious, or an abuse of agency discretion; 2) the FSA's negligent deletion of plaintiff's land tracts did not mitigate plaintiff's affirmative misrepresentations; and 3) the FSA correctly determined that an individual was a "producer" within the meaning of the regulatory provisions.

Appellate Information

  • Decided 07/20/2007
  • Published 07/20/2007

Judges

  • EDITH H. JONES, Chief Judge:, Before JONES, Chief Judge, and JOLLY and STEWART, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Donna Unkel Grodner (argued), Grodner & Associates, Baton Rouge, LA, for Plaintiffs-Appellants.

  • For Appellees:
  • Janice E. Hebert, Asst. U.S. Atty. (argued), Lafayette, LA, for Defendant-Appellee.
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