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FIVE POINTS ROAD JOINT VENTURE v. JOHANNS

No. 07-3406.

542 F.3d 1121 (2008)

FIVE POINTS ROAD JOINT VENTURE, an Illinois general partnership, John Baenziger, Cindy Baenziger, et al., Plaintiffs-Appellees, v. Michael O. JOHANNS, Secretary of Agriculture, United States Department of Agriculture, Office of Secretary, and Roger Klurfeld, Director, National Appeals Division, a Division of the United States Department of Agriculture, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided September 8, 2008.

Attorney(s) appearing for the Case

Charles G. Brown (argued), Boyle Law Dekalb, Dekalb, IL, for Plaintiffs-Appellees.

Monica Mallory, Office of the United States Attorney, Rockford, IL, William Kanter, John S. Koppel (argued), Department of Justice, Civil Division, Washington, DC, for Defendants-Appellants.

Before RIPPLE, WILLIAMS and SYKES, Circuit Judges.

RIPPLE, Circuit Judge.

In April 2005, the Farm Service Agency, an agency of the United States Department of Agriculture ("USDA"), ordered the plaintiffs (collectively, "Five Points") to refund certain benefits that they had received from it. Five Points appealed the decision to the National Appeals Division ("NAD"), which reversed the Farm Service Agency's determination in its entirety. Five Points then applied to the NAD for attorney's fees and costs under the Equal...

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