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BOYD v. SECRETARY OF AGRICULTURE

Civ. A. No. 77-2338.

459 F.Supp. 418 (1978)

Fred L. BOYD, Joe A. Davis, and D. Dean Boyd, Plaintiffs, v. The SECRETARY OF AGRICULTURE, Defendant.

District Court of United States, D. South Carolina, Rock Hill Division.

October 20, 1978.

Attorney(s) appearing for the Case

Palmer Freeman, Jr., Fort Mill, S. C., for plaintiffs.

Lincoln C. Jenkins, III, Asst. U. S. Atty., and Thomas E. Lydon, Jr., U. S. Atty., D. South Carolina, Columbia, S. C., for the Secretary of Agriculture.

ORDER ON DEFENDANT'S MOTION TO DISMISS

HEMPHILL, District Judge.

This matter comes before the court upon several motions1 filed by defendant on April 21, 1978. Defendant alleges that the complaint fails to state a claim upon which relief can be granted, the court lacks jurisdiction over the subject matter of this action2 and that there is no justiciable case or

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