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ADKINS v. SILVERMAN

No. 17-10759.

899 F.3d 395 (2018)

Michael ADKINS; Mike Adkins; Brad Bevel; Russell Beakley; Brian Bevel; Darin Drury; Doug Easterling; John Ben Glover; John Chad Glover; Godsey Bros. Partnership; Ricky Harlan; Haskell Farms Partnership; Craig Rogers; Stewart Farms; Three M Farms; Greg Urbanczyk; Mike Urbanczyk; Steven Urbanczyk, Plaintiffs-Appellees v. Steven C. SILVERMAN, Director, National Appeal Division; Thomas James Vilsack, The United States Department of Agriculture; Brandon Willis, Administrator of the Risk Managment Agency and Manager of the Federal Crop Insurance Corporation, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Filed August 7, 2018.

Attorney(s) appearing for the Case

Jeff L. Todd, Esq. , Jeremiah L. Buettner , McAfee & Taft, A.P.C., Oklahoma City, OK, for Plaintiffs-Appellees.

Thais-Lyn Prayer , U.S. Department of Justice, Charles Wylie Scarborough , U.S. Department of Justice, Civil Division, Appellate Section, Washington, DC, Ann Elizabeth Cruce-Haag , Assistant U.S. Attorney, U.S. Attorney's Office, Northern District of Texas, Lubbock, TX, for Defendants-Appellants.

Before JOLLY, JONES, and HAYNES, Circuit Judges.

This case involves crop insurance for farmers. Unlike other types of insurance, such as home or car insurance, crop insurance sometimes protects an asset that does not yet exist. For example, the insurance may cover the effects of a drought or other unusual weather that prevents crops from growing. Since the crops do not exist...

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