United States Eighth Circuit

Summary judgment for agency defendant regarding its decision to require reimbursement of past government farm benefits plaintiff had received is reversed where plaintiff had a "separate and distinct interest" in the farming operation at issue and did not engage in a "scheme or device" to evade farm program requirements.

Appellate Information

• Decided 12/27/2005
• Published 12/27/2005

Judges

• BYE, Circuit Judge., Before BYE, JOHN R. GIBSON and BOWMAN, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Marc A. Al, argued, Minneapolis, MN, for appellant.


• For Appellees:
  
• Lonnie F. Bryan, argued, Assistant U.S. Attorney, Minneapolis, MN, for appellee.