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HOLMAN v. VILSACK

No. 23-5493.

ROBERT HOLMAN, Plaintiff-Appellant, v. THOMAS J. VILSACK, in his official capacity as Secretary of the United States Department of Agriculture; ZACH DUCHENEAUX, in his official capacity as Administrator of the Farm Service Agency, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 23, 2024.

Attorney(s) appearing for the Case

ON BRIEF: Braden H. Boucek, Kimberly S. Hermann, SOUTHEASTERN LEGAL FOUNDATION, Roswell, Georgia, William E. Trachman, MOUNTAIN STATES LEGAL FOUNDATION, Lakewood, Colorado, for Appellant.

Jeffrey E. Sandberg, Thomas Pulham, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees.

STRANCH, J., delivered the opinion of the court in which DAVIS, J., joined. LARSEN, J. (pp. 14-22), delivered a separate dissenting opinion.

OPINION

This appeal concerns a litigant's petition for fees under the Equal Access to Justice Act (EAJA). Plaintiff Robert Holman successfully obtained a preliminary injunction freezing a debt-relief program that used racial categories to remedy prior discrimination against farmers and ranchers. Following...

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