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MAGES v. JOHANNS

No. 03-1400.

431 F.3d 1132 (2005)

Jason MAGES, Appellant, v. Mike JOHANNS, Secretary, United States Department of Agriculture, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: December 27, 2005.

Attorney(s) appearing for the Case

Marc A. Al, argued, Minneapolis, MN, for appellant.

Lonnie F. Bryan, argued, Assistant U.S. Attorney, Minneapolis, MN, for appellee.

Before BYE, JOHN R. GIBSON and BOWMAN, Circuit Judges.

BYE, Circuit Judge.

Jason Mages challenges a decision of the United States Department of Agriculture (USDA) requiring him to repay more than $470,000 in farm program benefits on the grounds he was not a "separate person" entitled to receive benefits and he engaged in a "scheme or device" to evade farm program requirements. We reverse and remand.

I

Jason Mages (hereinafter Jason or Mages) is a young farmer...

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