ALLISON v. BLOCK

No. 83-1194.

723 F.2d 631 (1983)

Roger L. ALLISON and Shirley A. Allison, Appellees, v. John R. BLOCK, U.S. Department of Agriculture; Allen Brock, Acting Assistant Administrator of Farmer Programs; Charles Shuman; John O. Foster; William T. Shay; and David E. Cox, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided December 28, 1983.


Attorney(s) appearing for the Case

Sarah M. Vogel, Robert Vogel, Grand Forks, N.D., William R. King, Lipshutz, Frankel, Greenblatt, King & Cohen, Atlanta, Ga., Burt Neuborne, American Civil Liberties Union Foundation, New York City, Allan Kanner, Philadelphia, Pa., for amicus curiae.

Williams, Reesman & Tate, Dale Reesman, Boonville, Mo., for Gulf & Great Plains Legal Foundation of America.

B. Luann Ridgeway, Kansas City, Mo., for appellees.

Robert G. Ulrich, U.S. Atty., Mark J. Zimmermann, Asst. U.S. Atty., Kansas City, Mo., for appellants.

Before LAY, Chief Judge, and HEANEY and ARNOLD, Circuit Judges.


HEANEY, Circuit Judge.

In 1978, Congress enacted 7 U.S.C. § 1981a (1982), an amendment to the Consolidated Farm and Rural Development Act of 1961 (CFRDA), 7 U.S.C. §§ 1921 et seq. (1982). Two years thereafter, Roger and Shirley Allison defaulted on farm loans granted to them by the Farmers Home Administration (FmHA) of the United States Department of Agriculture (USDA) under the CFRDA. The Allisons brought suit in the United States District Court...

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