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111 F. App'x 766

Reeves v. Klurfeld

U.S. Courts of Appeals

Decided November 4, 2004

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U.S. Courts of Appeals · decided 2004-11-04

Relies on Motor Vehicle Manufacturers Association of United States Inc v. State Farm Mutual Automobile Insurance Company Consumer Alert · Martin v. Occupational Safety & Health Review Commission

Decided 2004-11-04

PER CURIAM: *

¶1 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 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, 111 S.Ct. 1171, 113 L.Ed.2d 117 (1991); Motor Vehicle Mfrs. Ass’n v. State Farm Mut. Auto. Ins. Co., 463 U.S. 29, 43, 103 S.Ct. 2856, 77 L.Ed.2d 443 (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, 111 S.Ct. 1171.

¶2 AFFIRMED.

*

¶3 Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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