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MITCHELL v. JOHANNS

Nos. 4:04 CV 90003(L), 4:04-CV-90128.

400 F.Supp.2d 1133 (2005)

Maurice D. MITCHELL, Sr., Plaintiff, v. Mike JOHANNS, Secretary of Agriculture in his official capacity, Defendant. Marvin Mitchell and Marlene Mitchell, Plaintiffs, v. Mike Johanns, Secretary of Agriculture in his official capacity and the United States of America, Defendants.

United States District Court, S.D. Iowa, Central Division.

November 15, 2005.

Attorney(s) appearing for the Case

Gary L Hayward, United States Attorney, Des Moines, IA, for Department of Agriculture Sued as: Ann Venneman, Secretary of Agriculture in Her Official Capacity, Defendant.

David L Leitner, Leitner Law Office, Johnston, IA, for Marlene Mitchell, Marvin Mitchell, plaintiffs.

Peter C Riley, Riley Law Firm, Cedar Rapids, IA, for Maurice Mitchell, Sr., plaintiff.

MEMORANDUM OPINION AND ORDER

PRATT, District Judge.

In 1998, the United States Department of Agriculture (USDA) found that Plaintiffs Maurice D. Mitchell, Sr., Marvin Mitchell, and Marlene Mitchell, together with Steve Agan and George Paul, devised a scheme to evade limitations placed upon the amount of farm program benefits they could receive from the federal government in 1997. All three Plaintiffs repaid the farm program benefits they had received for...

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