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PAULY v. U.S. DEPT. OF AGRI.

Nos. 02-35731, 02-35783.

348 F.3d 1143 (2003)

Joseph E. Pauly, husband; Judy B. Pauly, wife, Plaintiffs-Appellants, v. U.S. DEPARTMENT OF AGRICULTURE; Ann M. Veneman, Secretary of the United States Department of Agriculture; National Appeals Division of The United States Department of Agriculture; Norman G. Cooper, Director of the National Appeals Division of the United States Department of Agriculture; Farm Service Agency, United States Department of Agriculture; James R. Little, Acting Administrator of the Farm Service Agency, United States Department of Agriculture, Defendants-Appellees. Joseph E. Pauly, husband; Judy B. Pauly, wife, Plaintiffs-Appellees, v. U.S. Department Of Agriculture; Ann M. Veneman, Secretary of the United States Department of Agriculture; National Appeals Division of The United States Department of Agriculture; Norman G. Cooper, Director of the National Appeals Division of the United States Department of Agriculture; Farm Service Agency, United States Department of Agriculture; James R. Little, Acting Administrator of the Farm Service Agency, United States Department of Agriculture, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed November 13, 2003.

Attorney(s) appearing for the Case

James D. Van Ness, Salem, OR, for the plaintiffs-appellants.

Robert D. McCallum, Jr., Office of the Attorney General, Washington, D.C., James A. McDevitt, United States Attorney, Spokane, WA, Michael Jay Singer, Eric D. Miller, Appellate Staff, Civil Division, U.S. Department of Justice, Washington, D.C., for the defendants-appellees.

Before: DOROTHY W. NELSON, ALEX KOZINSKI, and M. MARGARET McKEOWN, Circuit Judges.

Argued and Submitted October 9, 2003 — Seattle, Washington.

OPINION

PER CURIAM.

Joseph and Judy Pauly are farmers who entered into a ten-year agreement with the United States Department of Agriculture (USDA) whereby the USDA agreed to restructure the Paulys' debt in exchange for a portion of the appreciation in the value of their farm during the term of the agreement. When the USDA sought to recapture...

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