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DAVIES v. JOHANNS

No. 06-1403.

477 F.3d 968 (2007)

Larry D. DAVIES; Ruth A. Davies, Appellees, v. Mike JOHANNS, in his capacity as Secretary of the United States Department of Agriculture; United States Department of Agriculture, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: February 14, 2007.

Attorney(s) appearing for the Case

Deborah Ruth Kant, argued, U.S. Department Of Justice, Civil Division, Washington, DC (Michael Jay Singer, U.S. Department Of Justice, Civil Division, Washington, DC, on the brief), for appellant.

Dale Reeseman, argued, Booneveille, MO, for appellee.

Before WOLLMAN, RILEY, and GRUENDER, Circuit Judges.

WOLLMAN, Circuit Judge.

The Davieses are farmers who entered into a ten-year Shared Appreciation Agreement (SAA) with the Farmers Home Administration (FmHA), pursuant to which the FmHA agreed to write down a portion of their debt in exchange for a percentage of the appreciation in the value of their property during the term of the agreement. Upon the expiration of the agreement, the Farm Service Agency (FSA)1 sought to recapture a portion...

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