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PAYTON v. U.S. DEPT. OF AGRICULTURE

No. 02-2163.

337 F.3d 1163 (2003)

Charlie A. PAYTON, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF AGRICULTURE, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 29, 2003.

Attorney(s) appearing for the Case

Eric D. Dixon, Portales, NM, for Plaintiff-Appellant.

David C. Iglesias, United States Attorney, and Raymond Hamilton, Assistant United States Attorney, Albuquerque, NM, for Defendant-Appellee.

Before TACHA, Chief Judge, O'BRIEN and McCONNELL, Circuit Judges.

McCONNELL, Circuit Judge.

Plaintiff Charles A. Payton, a Roosevelt County, New Mexico farmer, was terminated from the Department of Agriculture's Conservation Reserve Program (CRP) for planting and harvesting wheat on a thirty-five-acre parcel that had been dedicated as a conservation reserve. Mr. Payton contends that the Department was mistaken about the location of the conservation reserve. The Hearing Officer, after hearing testimony from various officials involved...

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