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PIGFORD v. VENEMAN

Nos. 03-5079 and 03-5080.

369 F.3d 545 (2004)

Timothy C. PIGFORD, et al., Appellees, v. Ann M. VENEMAN, Secretary, The United States Department of Agriculture, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided May 14, 2004.

Attorney(s) appearing for the Case

Howard S. Scher, Attorney, U.S. Department of Justice, argued the cause for appellant. With him on the briefs were Peter D. Keisler, Assistant Attorney General, Roscoe C. Howard, Jr., U.S. Attorney, and Robert M. Loeb, Attorney, U.S. Department of Justice.

Alexander J. Pires, Jr. argued the cause and filed the brief for appellees.

Before: GINSBURG, Chief Judge, and HENDERSON, Circuit Judge, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge:

The Secretary of Agriculture appeals an order of the district court requiring the Department of Agriculture to advance $500,000 against attorneys' fees due counsel representing a class of black farmers in an anti-discrimination suit against the Department. The Government contends the district court abused its discretion because it failed to...

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