Harrell and Owens Farm v. Federal Crop Insurance Corporation, a corporation within the United States…

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-1360
HARRELL AND OWENS FARM,
Plaintiff - Appellant,
v.
FEDERAL CROP INSURANCE CORPORATION, a corporation within the
United States Department of Agriculture; UNITED STATES
DEPARTMENT OF AGRICULTURE, Risk Management Agency; ACE
PROPERTY AND CASUALTY INSURANCE COMPANY; RAIN AND HAIL, LLC,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Greenville. Louise W. Flanagan,
Chief District Judge. (4:09-cv-00217-FL)
Argued: April 2, 2012 Decided: April 18, 2012
Before SHEDD and FLOYD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
ARGUED: Charles E. Coble, BROOKS, PIERCE, MCLENDON, HUMPHREY &
LEONARD, Raleigh, North Carolina, for Appellant. Matthew Fesak,
OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina;
Derek Morgan Crump, BROWN, CRUMP, VANORE & TIERNEY, Raleigh,
North Carolina, for Appellees. ON BRIEF: Thomas G. Walker,
United States Attorney, Jennifer P. May-Parker, Neal I. Fowler,
Assistant United States Attorneys, OFFICE OF THE UNITED STATES
ATTORNEY, Raleigh, North Carolina, for the United States.

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Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Harrell and Owens Farm appeals from the district court’s
judgment, filed March 26, 2011, which judgment: (1) upholds the
final agency decision, issued December 30, 2008, by the Federal
Crop Insurance Corporation and the United States Department of
Agriculture, Risk Management Agency In the Matter of Harrell and
Owens Farm and Risk Management Agency; (2) denies Harrell and
Owens Farm’s motion to vacate the arbitration award issued by
the arbitrator In The Matter of Arbitration between Harrell and
Owens Farm and Ace Property & Casualty Insurance Company on
November 19, 2009; (3) confirms the same arbitration award; and
(4) awards Harrell and Owens Farm $93,394.50 in accordance with
such arbitration award, which sum has already been paid.
Having had the benefit of oral argument and having
carefully reviewed the briefs, record, and controlling legal
authorities, we agree with the district court’s analysis as set
forth in its well-reasoned opinions resolving this appeal. See
Harrell and Owens Farm v. Federal Crop Ins. Corp., 2011 WL
1100265 (E.D.N.C. March 23, 2011); Harrell and Owens Farm v.
Federal Crop Ins. Corp., No. 4:09-cv-00217-FL (E.D.N.C. Oct. 6,
2010). Accordingly, we affirm the judgment below on the
reasoning of the district court.
AFFIRMED

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