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UNITED STATES v. PERRY

No. 82-1403.

706 F.2d 278 (1983)

UNITED STATES of America, Appellee, v. Charles E. PERRY and Shirley A. Perry, Appellants, New Salem Farmers Union Elevator Company; Alfred Slavick; Ila Slavick; Bank of North Dakota; Harley Thom, d/b/a Farmers Supply Co., Norwich, North Dakota; Ray and Hildegard Fitterer, d/b/a Fitterer Oil, Flasher, North Dakota; and Medical Collections, Bismarck, North Dakota.

United States Court of Appeals, Eighth Circuit.

Decided May 20, 1983.

Attorney(s) appearing for the Case

Sarah M. Vogel, Bismarck, N.D., Robert Vogel, Grand Forks, N.D., Irvin B. Nodland, Bismarck, N.D., for appellants.

Rodney S. Webb, U.S. Atty., Jerome C. Kettleson, Asst. U.S. Atty., Bismarck, N.D., for appellee.

Before ROSS and FAGG, Circuit Judges, and BEAM, District Judge.

ROSS, Circuit Judge.

Charles and Shirley Perry were farmers in North Dakota who had loans financed by the Farmers Home Administration (FmHA). On July 31, 1979, FmHA filed a complaint in federal district court for the foreclosure of Perrys' property on which the mortgage was held. Perrys asserted a counterclaim alleging that FmHA acted unlawfully and in violation of Perrys' constitutional rights in accelerating the loan. Perrys sought damages, an order of reformation...

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