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SHARYLAND WATER SUPPLY CORP. v. BLOCK

No. 84-2536.

755 F.2d 397 (1985)

SHARYLAND WATER SUPPLY CORPORATION, Plaintiff-Appellant, v. John R. BLOCK, Individually and as Secretary of U.S. Department of Agriculture, and J. Lynn Futch, Individually and as State Director of the Farmers Home Administration, Defendants-Appellees, and Dieter Nippert and Wife, Intervenors-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 26, 1985.

Attorney(s) appearing for the Case

Ewers, Toothaker, Eners, Abbott, Talbot, Hamilton, & Jarvis, Neil Norquest, James D. Selman, III, McAllen, Tex., for plaintiff-appellant.

Daniel K. Hedges, U.S. Atty., Nancy K. Pecht, C.J. (Neil) Calnan, James R. Gough, Asst. U.S. Attys., Houston, Tex., for defendant-appellees.

Joseph R. Preston, Misson, Tex., for intervenors-appellees.

Before RUBIN and HILL, Circuit Judges, and CASSIBRY, District Judge.

ALVIN B. RUBIN, Circuit Judge:

A non-profit water supply company sought to enjoin the Farmers Home Administration (FHA) from disclosing, in response to an inquiry under the Freedom of Information Act, audit reports the company had filed with the FHA pursuant to an application for a loan. The district court denied the application for a preliminary injunction, refusing to recognize a lender-borrower privilege under the Act. Finding no error of law in this conclusion...

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