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OWYHEE GRAZING ASS'N, INC. v. FIELD

Nos. 78-3015, 78-3102 and 78-3639.

637 F.2d 694 (1981)

OWYHEE GRAZING ASSOCIATION, INC., Plaintiff-Appellee, v. William O. FIELD, Oscar Field, Terry Field, Newton Wright, Roy Draper, Chet Stahn, Butch Glenski, Keith Johnson, Sherman Nesbitt, Frank Pike, Mrs. Frank (Darcell) Pike, and all others, individuals, purporting to act as members, shareholders, officers or directors of the Owyhee Grazing Association, Inc., Defendants-Appellees, and Gerald Cunningham and Gary Cunningham, Defendants-Appellants. OWYHEE BRAZING ASSOCIATION, INC., Plaintiff-Appellee, v. William O. FIELD, Oscar Field, Terry Field, Gerald Cunningham, Gary Cunningham, Newton Wright, Roy Draper, Chet Stahn, Butch Glenski, Keith Johnson, Sherman Nesbitt, Frank Pike, Mrs. Frank (Darcell) Pike, and all others, individuals, purporting to act as members, shareholders, officers or directors of the Owyhee Grazing Association, Inc., Defendants-Appellees, and Elwood Thueson, Gaylord K. Harward and the Owyhee County Office of the Farmers Home Administration, Defendants-Appellants. OWYHEE GRAZING ASSOCIATION, INC., Plaintiff-Appellees, v. William O. FIELD, Oscar Field, and Terry Field, Defendants-Appellants, and Newton Wright, Roy Draper, Chet Stahn, Butch Glenski, Keith Johnson, Sherman Nesbitt, Frank Pike, Mrs. Fran (Darcell) Pike, and all others, individuals, purporting to act as members, shareholders, officers or directors of the Owyhee Grazing Association, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 26, 1981.

Attorney(s) appearing for the Case

Vernon K. Smith, Boise, Idaho, for Gerald Cunningham.

John C. Hepworth, Buhl, Idaho, argued, for William O. Field, etc.; Iver J. Longeteig, Boise, Idaho, on brief.

James A. Belvis, Asst. U.S. Atty., Boise, Idaho, for Harward.

Before ALARCON and CANBY, Circuit Judges, and HOFFMAN, Senior District Judge.

CANBY, Circuit Judge.

This case began when John Steiner, on behalf of the Owyhee Grazing Association (OGA) sought a declaratory judgment in Idaho state court to determine the membership of the association. Gerald and Gary Cunningham intervened, claiming a conspiracy to defraud them of their membership rights and challenging the sale of OGA's land because it was accomplished without their approval. The Cunninghams joined the Farmers Home Administration and two of its...

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