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AUSMUS v. PERDUE

No. 17-1442.

908 F.3d 1248 (2018)

Glenn AUSMUS; Russell L. Ausmus; Dwayne Fritzler; Shirley Fritzler; Blake Gourley; Fara Gourley; Dean Jagers; Jeff Self, Plaintiffs-Appellees, v. Sonny PERDUE, Secretary of the United States Department of Agriculture; Steven C. Silverman, Director, National Appeals Division; Heather Manzano, Acting Administrator of the Risk Management Agency and Manager of the Federal Crop Insurance Corporation, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

FILED November 16, 2018.

Attorney(s) appearing for the Case

Lowell V. Sturgill , Attorney, Appellate Staff, Civil Division, United States Department of Justice, Washington, DC ( Chad A. Readler , Acting Assistant Attorney General, United States Department of Justice, Washington, DC; Bob Troyer , United States Attorney, Office of the United States Attorney for the District of Colorado, Denver, Colorado; Charles W. Scarborough and Thais-Lyn Trayer , Attorneys, Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, on the briefs), appearing for Appellants.

Jeremiah L. Buettner ( Jeff L. Todd , with him on the brief), McAfee & Taft A Professional Corporation, Oklahoma City, Oklahoma, appearing for Appellees.

Before BRISCOE, BACHARACH, and CARSON, Circuit Judges.

This is an Administrative Procedure Act challenge to the Federal Crop Insurance Corporation's implementation of the Farm Crop Insurance Act, 7 U.S.C. §§ 1501-1524. Plaintiffs are winter wheat farmers from Colorado who were denied the Actual Production History yield exclusion when they purchased crop insurance for...

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