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IN RE PEANUT CROP INS. LITIGATION

Nos. 07-1145, 07-1146.

524 F.3d 458 (2008)

In re PEANUT CROP INSURANCE LITIGATION, MDL-1634 Marvin Taylor Barnhill; Joey Watford; Tom Clements; Florida Peanut Farmers, and others similarly situated; Terry E. Beasley; Wallace A. Berry, South Carolina Peanut Farmer and others similarly situated; Texas Peanut Farmers, in the Southwest Growing Region; Georgia Peanut Farmers; Charles E. Smith, Jr., Plaintiffs-Appellees, v. Ann Veneman, Secretary of Agriculture for the United States of America; Ross J. Davidson, Administrator for Risk Management Agency; Risk Management Agency; United States Department of Agriculture; United States of America; Federal Crop Insurance Corporation; Mike Moore, RMA Regional Office Director Valdosta; Ron Berryhill, RMA Regional Office Director, Oklahoma City, Oklahoma, Defendants-Appellants. In re Peanut Crop Insurance Litigation, MDL-1634 Marvin Taylor Barnhill; Joey Watford; Tom Clements; Florida Peanut Farmers, and others similarly situated; Terry E. Beasley; Wallace A. Berry, South Carolina Peanut Farmer and others similarly situated; Texas Peanut Farmers, in the Southwest Growing Region; Georgia Peanut Farmers; Charles E. Smith, Jr., Plaintiffs-Appellants, v. Ann Veneman, Secretary of Agriculture for the United States of America; Ross J. Davidson, Administrator for Risk Management Agency; Risk Management Agency; United States Department of Agriculture; United States of America; Federal Crop Insurance Corporation; Mike Moore, RMA Regional Office Director Valdosta; Ron Berryhill, RMA Regional Office Director, Oklahoma City, Oklahoma, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: May 8, 2008.

Attorney(s) appearing for the Case

ARGUED: Jeffrey A. Clair, United States Department of Justice, Washington, D.C., for Appellants/Cross-Appellees. Robert Daniel Boyce, Boyce & Isley, P.L.L.C., Raleigh, North Carolina, for Appellees/Cross-Appellants. ON BRIEF: Peter D. Keisler, Assistant Attorney General, George E.B. Holding, United States Attorney, Rudolf A. Renfer, Jr., Assistant United States Attorney, Eric Goulian, Assistant United States Attorney, Scott R. McIntosh, United States Department of Justice, Washington, D.C., for Appellants/Cross-Appellees. Gordon E. Boyce, Boyce & Isley, P.L.L.C., Raleigh, North Carolina, for Appellees/Cross-Appellants.

Vacated and remanded by published opinion. Judge KING wrote the opinion, in which Judge WILKINSON and Judge FLOYD joined.

OPINION

KING, Circuit Judge:

These appeals relate to lawsuits being pursued by several classes of peanut farmers (the "Farmers") who insured their 2002 peanut crops under a Multiple Peril Crop Insurance Policy (the "MPCI Policy") that, under federal law, was issued by private insurers and reinsured by the Government.1 After suffering heavy losses to their 2002 peanut crops, due primarily to a severe drought during the growing...

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