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ESTATE OF JAMES v. U.S. DEPT. OF AGRICULTURE

Nos. 03-6399, 03-6417.

404 F.3d 989 (2005)

ESTATE OF Elinor M. JAMES, and Her Heirs (03-6399); Stephen B. Gibbs; Paula E. Gibbs (03-6417); Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF AGRICULTURE, Ann M. Veneman, Secretary of Agriculture, in her Official Capacity, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 20, 2005.

Attorney(s) appearing for the Case

ARGUED: John O. Threadgill, The Threadgill Law Firm, Knoxville, Tennessee, for Appellants. Elizabeth S. Tonkin, Assistant United States Attorney, Knoxville, Tennessee, for Appellees. ON BRIEF: John O. Threadgill, The Threadgill Law Firm, Knoxville, Tennessee, for Appellants. Elizabeth S. Tonkin, Assistant United States Attorney, Knoxville, Tennessee, for Appellees.

Before: MARTIN, GILMAN, and FRIEDMAN, Circuit Judges.

OPINION

FRIEDMAN, Senior Circuit Judge.

These two cases, which were consolidated for oral argument, stem from a program under which the United States Department of Agriculture ("Department") reduced farmers' debts to the government that were originally secured by mortgages on their farms. The Department reduced or "wrote down" the appellants' (collectively, the "Farmers'") farm loan debts in return for the Farmers entering into shared appreciation agreements...

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