Filed: Nov. 04, 2004
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS November 4, 2004 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 04-10653 Summary Calendar JACK REEVES; JO ANN REEVES, Plaintiffs-Appellants, versus ROGER KLURFELD, Director, United States Department of Agriculture, National Appeals Division, Defendant-Appellee. Appeal from the United States District Court for the Northern District of Texas (USDC No. 5:03-CV-143-C) _ Before REAVLEY, BARKSDALE and
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS November 4, 2004 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 04-10653 Summary Calendar JACK REEVES; JO ANN REEVES, Plaintiffs-Appellants, versus ROGER KLURFELD, Director, United States Department of Agriculture, National Appeals Division, Defendant-Appellee. Appeal from the United States District Court for the Northern District of Texas (USDC No. 5:03-CV-143-C) _ Before REAVLEY, BARKSDALE and ..
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
November 4, 2004
FOR THE FIFTH CIRCUIT Charles R. Fulbruge III
Clerk
No. 04-10653
Summary Calendar
JACK REEVES; JO ANN REEVES,
Plaintiffs-Appellants,
versus
ROGER KLURFELD, Director, United States
Department of Agriculture, National Appeals
Division,
Defendant-Appellee.
Appeal from the United States District Court for
the Northern District of Texas
(USDC No. 5:03-CV-143-C)
_______________________________________________________
Before REAVLEY, BARKSDALE and GARZA, Circuit Judges.
PER CURIAM:*
We affirm the decision of the district court for the following reasons:
1. The FSA’s determination that the Reeves did not show good faith was
*
Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion
should not be published and is not precedent except under the limited circumstances
set forth in 5TH CIR. R. 47.5.4.
not arbitrary or capricious and is supported by the FSA’s reasonable
interpretation of its regulations. See Martin v. OSHA,
499 U.S. 144,
150 (1991); Motor Vehicle Mfrs. Ass’n v. State Farm Mut. Auto. Ins.
Co.,
463 U.S. 29, 43 (1983).
2. The agency’s interpretation that 7 C.F.R. § 1924.56 requires the FSA
to prepare an independent Farm and Home Plan only where the parties
disagree as to the business plan proposed therein is reasonable and thus
entitled to deference.
Martin, 499 U.S. at 150.
AFFIRMED.
2