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BESLER v. UNITED STATES DEPT. OF AGRICULTURE

No. 80-1435.

639 F.2d 453 (1981)

Wayne BESLER; Alvin Babb; Douglas Beckham; Richard Orwick, on behalf of themselves and all others similarly situated, Appellees, v. UNITED STATES DEPARTMENT OF AGRICULTURE; Commodity Credit Corporation of the United States Department of Agriculture; South Dakota State Agricultural Stabilization and Conservation Service Committee and their Employees, Agents and Assigns, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided February 5, 1981.

Attorney(s) appearing for the Case

Terry L. Pechota, U. S. Atty., Shelley M. Stump, Asst. U. S. Atty., Sioux Falls, S. D., for appellants.

John T. Hughes, Sturgis, S. D., for appellees.

Before GIBSON, Senior Circuit Judge, and HEANEY and ARNOLD, Circuit Judges.

PER CURIAM.

This is an appeal by the United States of the district court's1 denial of its motion to amend a declaratory judgment and award further relief pursuant to 28 U.S.C. § 2202. We reverse and remand to the district court.

The appellees were among a number of ranchers in South Dakota who applied for the purchase of feed grains from the Commodity Credit Corporation under the Emergency Livestock Feed Program (7 U.S.C....

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