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HANSON v. ESPY

No. 92-1918.

8 F.3d 469 (1993)

Christian HANSON and Evan Hanson, general partners of and doing business as Hanson Farms, Plaintiffs-Appellees, v. Michael ESPY, Secretary, United States Department of Agriculture, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided October 22, 1993.

Attorney(s) appearing for the Case

Sydney Berde (argued), Doherty, Rumble & Butler, St. Paul, MN, for plaintiffs-appellees.

Richard A. Olderman, Robert S. Greenspan, Dept. of Justice, Civ. Div., Appellate Section; Raymond Fullerton, Dept. of Agriculture, Office of the Gen. Counsel, Washington, DC, Christa A. Reisterer, Asst. U.S. Atty., Office of the U.S. Atty., Madison, WI, and Leslie K. Lagomarcino (argued), Dept. of Agriculture, Washington, DC, for defendant-appellant.

Before RIPPLE and KANNE, Circuit Judges, and WILLIAMS, District Judge.

RIPPLE, Circuit Judge.

This is an appeal by the Secretary of Agriculture ("the Secretary") from a summary judgment order entered in favor of the plaintiffs. The Secretary seeks to deny the plaintiffs disaster benefits under the Disaster Assistance Act of 1988 ("the Act"). 7 U.S.C. § 1421 note, §§ 201-41 (1988). The Secretary deemed the plaintiffs ineligible for disaster benefits because he found them to be persons whose qualifying gross revenues exceeded...

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