JESKO v. UNITED STATES

No. 81-1740.

713 F.2d 565 (1983)

Rudolf W. JESKO and Gladys M. Jesko, Plaintiffs-Appellants, v. UNITED STATES of America; the United States Department of Agriculture; the Farmers Home Administration: Bob Bergland, Secretary of Agriculture and his successor in office; Gordon Cavanaugh, Administrator of the Farmers Home Administration, and his successor in office; H. Allen Brock, Deputy Administrator of the Farmers Home Administration, and his successor in office; Frank Glover, District Director of The Farmers Home Administration for District 2 of New Mexico, and his successor in office; Drew Cloud, State Director of The Farmers Home Administration for the State of New Mexico, and his successor in office; Richard R. Barney, Chief of Farmer Programs of The Farmers Home Administration for New Mexico, and his successor in office; and Larry R. Fluhman, County Supervisor of The Farmers Home Administration for Union County, New Mexico, and his successor in office, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied August 24, 1983.


Attorney(s) appearing for the Case

Larry Sherman of Gibson, Ochsner & Adkins, Amarillo, Tex., for plaintiffs-appellants.

Sandra Kemrer, Asst. U.S. Atty., Albuquerque, N.M. (R.E. Thompson, U.S. Atty., and Ronald F. Ross, Asst. U.S. Atty., Albuquerque, N.M., on the brief), for defendants-appellees.

Before DOYLE, LOGAN and SEYMOUR, Circuit Judges.


LOGAN, Circuit Judge.

Plaintiffs Rudolf Jesko and Gladys Jesko appeal the order of the district court transferring their action to the Court of Claims (now United States Claims Court) pursuant to 28 U.S.C. § 1406(c).1 The plaintiffs sued the United States, the Department of Agriculture, Farmers Home Administration, and government officers seeking money damages and reinstatement of emergency disaster loans of $6,158,720, which had...

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