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GARCIA v. JOHANNS

Nos. 04-5448, 05-5002.

444 F.3d 625 (2006)

Guadalupe L. GARCIA For Himself and on Behalf of G.A. Garcia and Sons Farm et al., Appellants v. Michael JOHANNS, Secretary, United States Department of Agriculture, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided March 31, 2006.

Attorney(s) appearing for the Case

Stephen S. Hill argued the cause for the appellants. Alan M. Wiseman, Robert L. Green and Kenneth C. Anderson were on brief.

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

Glen D. Nager, Shay Dvoretzky, Jason J. Jarvis and Robin S. Conrad were on brief for amicus curiae Chamber of Commerce of the United States of America.

Before: SENTELLE and HENDERSON, Circuit Judges, and EDWARDS, Senior Circuit Judge.

Opinion for the court filed by Circuit Judge HENDERSON.

KAREN LECRAFT HENDERSON, Circuit Judge.

This appeal arises from one of several actions brought against the United States Department of Agriculture (Department or USDA) alleging discrimination in the administration of various federally-funded loan and benefit programs for American farmers.1 The appellants, individual Hispanic farmers, seek to represent a class of similarly...

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