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FAIRCHILD FARMS, INC. v. U.S. DEPT. OF AGRICULTURE

No. CV 05-22 GF-SEH.

406 F.Supp.2d 1132 (2005)

FAIRCHILD FARMS, INC., Aageson Grain & Cattle, and R Land, Inc., Plaintiffs, v. UNITED STATES DEPARTMENT OF AGRICULTURE, National Appeals Division, Defendant.

United States District Court, D. Montana, Great Falls Division.

September 30, 2005.

Attorney(s) appearing for the Case

Beth Angus Baumstark, Sarah Vogel Law Firm, Bismarck, ND, Floyd D. Corder, Corder & Allen, Great Falls, MT, for Plaintiffs.

George F. Darragh, Jr., Office of the U.S. Attorney, Great Falls, MT, Margaret M. Breinholt, U.S. Department of Agriculture, Washington, DC, for Defendant.

ORDER

HADDON, District Judge.

INTRODUCTION

This case presents by cross motions for summary judgment the question of whether attorneys' fees are allowable to Plaintiffs as successful appellants in adversary proceedings before the Farm Service Agency (FSA). The issue is raised by Petition for Judicial Review of Agency Action under 5 U.S.C. § 701 et seq. (2000), 7 U.S.C. § 6999 (2000), and 7 C.F.R. § 11.13 (2005), and...

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