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.