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SIOUX VALLEY EMPIRE ELECTRIC ASSOCIATION, INC. v. BUTZ

No. 74-1171.

504 F.2d 168 (1974)

SIOUX VALLEY EMPIRE ELECTRIC ASSOCIATION, INC., Appellee, v. Earl L. BUTZ, Secretary of Agriculture, and David A. Hamil, Administrator of Rural Electrification Administration, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided September 26, 1974.

Attorney(s) appearing for the Case

David M. Cohen, Atty., Dept. of Justice, Washington, D. C., for appellants.

Alan F. Glover, Brookings, S. D., for appellee.

Before GIBSON, Chief Judge, and BRIGHT and WEBSTER, Circuit Judges.

GIBSON, Chief Judge.

Defendants Earl L. Butz, Secretary of Agriculture, and David A. Hamil, Administrator of the Rural Electrification Administration, appeal from a summary judgment entered for the plaintiff, Sioux Valley Empire Electric Association, Inc., and the denial of a summary judgment in their favor.1 At issue is whether the Administrator2 had the discretion to terminate two percent direct loans under...

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