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PIGFORD v. JOHANNS

Nos. 04-5171, 04-5172.

416 F.3d 12 (2005)

Timothy C. PIGFORD et al., Appellants v. Mike JOHANNS, Secretary, The United States Department of Agriculture, Appellee Cecil Brewington et al., Appellants v. Mike Johanns, Secretary, The United States Department of Agriculture, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided July 15, 2005.

Attorney(s) appearing for the Case

Alexander J. Pires, Jr. argued the cause for the appellants.

Howard S. Scher, Attorney, United States Department of Justice, argued the cause for the appellee. Peter D. Keisler, Assistant Attorney General, United States Department of Justice, Kenneth L. Wainstein, United States Attorney, and Robert M. Loeb, Attorney, United States Department of Justice, were on brief.

Before: SENTELLE, HENDERSON and ROGERS, Circuit Judges.

Opinion for the court filed by Circuit Judge KAREN LECRAFT HENDERSON.

Separate opinion concurring in part and dissenting in part filed by Circuit Judge ROGERS.

KAREN LECRAFT HENDERSON, Circuit Judge.

This appeal arises from a longstanding discrimination action by black farmers against the United States Department of Agriculture (Department) alleging racial discrimination in the administration of federally-funded credit and benefit programs. The appellants...

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