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DeVILBISS v. SMALL BUSINESS ADMINISTRATION

No. 81-1212.

661 F.2d 716 (1981)

Ona DeVILBISS, as President of the Tama Beach Home Owners Association, et al., on behalf of themselves and all other people similarly situated, Appellants, v. SMALL BUSINESS ADMINISTRATION, Richard Germain, M. E. Jansma and the United States of America, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided October 19, 1981.

Attorney(s) appearing for the Case

Steven S. Hoth, argued, Hirsch, Link, Adams, Hoth & Krekel, Burlington, Iowa, for appellants.

Thomas S. Martin, Acting Asst. Atty. Gen., Washington, D. C., Roxanne B. Conlin, U. S. Atty., Christopher D. Hagen, Asst. U. S. Atty., Des Moines, Iowa, Jeffrey Axelrad, Atty., Civ. Div., U. S. Dept. of Justice, argued, Washington, D. C., for appellees.

Before HEANEY and STEPHENSON, Circuit Judges, and OLIVER, Senior District Judge.

PER CURIAM.

The district court1 granted summary judgment in favor of the defendant-appellee Small Business Administration (SBA). The single issue on appeal is whether the plaintiffs may maintain an action under the Tucker Act, 28 U.S.C. § 1346(a), for damages arising out of the SBA's denial of the plaintiffs' claims for disaster loan assistance.

Property owned by the plaintiffs near Burlington, Iowa, was damaged when the Mississippi...

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