MATZKE v. BLOCK

Nos. 83-1866, 83-1867 and 83-2091.

732 F.2d 799 (1984)

Alvin MATZKE, William Leonard, Janice Stoss, Don Lorlovick, Delmar Turley, and Cheryl Turley, on behalf of themselves and all others similarly situated, Plaintiffs, Appellees, Cross-Appellants, v. John BLOCK, Individually, and in his capacity as Secretary of the United States Department of Agriculture; Allen Brock, Individually, and in his capacity as Deputy Administrator and former Acting Administrator of the Farmers Home Administration; Charles Shuman, Individually, and in his capacity as Administrator of the Farmers Home Administration; Larry Davis, Individually, and in his capacity as State Director for Kansas Farmers Home Administration, United States Department of Agriculture; James W. Smith, Individually, and in his capacity as District Director, Farmers Home Administration, United States Department of Agriculture, Defendants, Appellants, Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

April 24, 1984.


Attorney(s) appearing for the Case

Thomas D. Edmondson, Atty., U.S. Dept. of Agriculture, Washington, D.C. (James Michael Kelly, Associate Gen. Counsel, Raymond W. Fullerton, Asst. Gen. Counsel, Washington, D.C., for defendants, appellants, cross-appellees.

Thomas D. Kershaw, Jr. of American Constitutional Rights Ass'n, Klamath Falls, Or., for plaintiffs, appellees, cross-appellants.

Before SETH, Chief Judge, and HOLLOWAY and LOGAN, Circuit Judges.


SETH, Chief Judge.

This is a class action brought by farmers living in Kansas who had received loans from the Farmers Home Administration (FmHA) under the general Farm and Rural Development Act. The FmHA had security interests in plaintiffs' homes, crops, livestock and equipment.

Plaintiffs assert that the Secretary of Agriculture has taken no action to place in operation or to implement the remedies provided for them by 7 U.S.C. § 1981a (Pub.L. No. 95...

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