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LANE v. U.S. DEPT. OF AGRICULTURE

No. 98-2818.

187 F.3d 793 (1999)

Dwight L. LANE; Darvin R. Lane, Appellants, v. UNITED STATES DEPARTMENT OF AGRICULTURE; Daniel Glickman, Secretary of the United States Department of Agriculture; The Farm Service Agency, of the United States Department of Agriculture; Keith Kelly, Administrator of the Farm Service Agency of the United States Department of Agriculture, William G. Jenson, the Judicial Officer of the United States Department of Agriculture, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 10, 1999.

Attorney(s) appearing for the Case

Jon J. Jensen, Grand Forks, North Dakota, argued (Douglas A. Christensen, Grand Forks, North Dakota, and Duane G. Elness, Cavalier, North Dakota, on the brief), for Appellants.

John S. Koppel, Washington, DC, argued (Frank W. Hunger, John Schneider and William Kanter, Washington, DC), on the brief, for Appellees.

Before BEAM, FLOYD R. GIBSON, and MURPHY, Circuit Judges.

BEAM, Circuit Judge.

Darvin and Dwight Lane (the Lanes) appeal the district court's dismissal of their declaratory judgment action. The Lanes challenge the administrative regulations that permit an executive appeal from an initial award of attorney fees under the Equal Access to Justice Act, 5 U.S.C. § 504 (EAJA). The district court dismissed the action, finding that there had been no final agency action and therefore the case was not ripe for review. We affirm...

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