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SELECT MILK PRODUCERS, INC. v. JOHANNS

No. 04-5145.

400 F.3d 939 (2005)

SELECT MILK PRODUCERS, INC., et al., Appellees v. Mike JOHANNS, Secretary, U.S. Department of Agriculture, Appellant

United States Court of Appeals, District of Columbia Circuit.

Decided March 18, 2005.

Attorney(s) appearing for the Case

Michael E. Robinson, Attorney, U.S. Department of Justice, argued the cause for appellant. With him on the briefs were Peter D. Keisler, Assistant Attorney General, Kenneth L. Wainstein, U.S. Attorney, and Michael Jay Singer, Attorney. Susan K. Ullman, Attorney, entered an appearance.

Ryan K. Miltner argued the cause for appellees. With him on the brief were Benjamin F. Yale, Kristine H. Reed, and Donald M. Barnes.

Before: EDWARDS, HENDERSON, and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge EDWARDS.

Dissenting opinion filed by Circuit Judge HENDERSON.

HARRY T. EDWARDS, Circuit Judge.

The Secretary of Agriculture ("Secretary") appeals the District Court's award of attorney's fees and costs to several milk marketing cooperatives under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412 (2000). The underlying litigation involved a dispute between the cooperatives and the Secretary...

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