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LANE v. U.S. DEPT. OF AGRICULTURE

No. 96-3285.

120 F.3d 106 (1997)

Darvin R. LANE; Dwight Lane, Appellants, v. UNITED STATES DEPARTMENT OF AGRICULTURE; Daniel Glickman, Secretary of the U.S. Department of Agriculture; National Appeals Division of the USDA, also known as National Appeals Staff of the USDA; Norman G. Cooper, Director of the National Appeals Division of the U.S. Department of Agriculture; Office of General Counsel USDA; James Gilliand, General Counsel of the U.S. Department of Agriculture Consolidated Farm Service Agency; Grant Buntrock, acting Adminisrator of the Consolidated Farm Service Agency of the U.S. Department of Agriculture, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 14, 1997.

Attorney(s) appearing for the Case

John T. Koppel, U.S. Department of Justice, Washington, DC, argued (William Kanter, on the brief), for appellants.

Duane G. Elness, Cavalier, ND, argued, for appellees.

Before WOLLMAN and BEAM, Circuit Judges, and LAUGHREY, District Judge.

LAUGHREY, District Judge.

This is an appeal from the District Court's order that Plaintiffs, Darvin and Dwight Lane ("Lanes"), are entitled to recover their attorney fees from the United States Department of Agriculture ("Agency") pursuant to the Equal Access to Justice Act ("EAJA"), 5 U.S.C. § 504. We affirm in part, reverse in part, and remand for further proceedings.

The Lanes are brothers who borrowed money through the Farmers Home Administration...

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