Five Points Road Joint Venture v. Johanns
Court of Appeals for the Seventh Circuit
1Opinion of the Court
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 Access to Justice Act, 5 U.S.C. § 504 (“EAJA”), but the NAD denied the request on the ground that the EAJA did not apply to NAD…
2Cases cited13 opinions
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