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AAGESON GRAIN & CATTLE v. U.S. DEPT.

No. 05-36172.

500 F.3d 1038 (2007)

AAGESON GRAIN & CATTLE; R Land, Inc.; Fairchild Farms, Inc., Plaintiffs-Appellees, v. UNITED STATES DEPARTMENT OF AGRICULTURE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 31, 2007.

Attorney(s) appearing for the Case

John S. Koppel (argued), William Kanter, Assistant United States Attorneys for the Civil Appellate Division for appellant United States Department of Agriculture.

Beth Angus Baumstark (argued), Sarah Voegl Law Firm, P.C., Bismarck, ND, and Floyd D. Corder, Corder & Allen, Great Falls, MT, for appellees Aageson Grain & Cattle, et. al.

Before: WILLIAM C. CANBY, JR., CYNTHIA HOLCOMB HALL, and CONSUELO M. CALLAHAN, Circuit Judges.

CALLAHAN, Circuit Judge:

The United States Department of Agriculture ("USDA") appeals the district court's order remanding this case to the National Appeals Division ("NAD") of the USDA to determine eligibility for an attorney's fees and costs award under the Equal Access to Justice Act ("EAJA"). The farmers prevailed in their appeals before the NAD challenging their local Farm Service Agency's ("FSA") denials of claims under the 2003 Noninsured Crop Disaster Assistance...

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