PANOLA LAND BUYERS ASS'N v. SHUMAN

Nos. 84-7136, 84-7225.

762 F.2d 1550 (1985)

PANOLA LAND BUYERS ASSOCIATION, Plaintiffs-Appellants, v. Charles W. SHUMAN, Administrator, Farmer's Home Administration, United States Department of Agriculture, in his official capacity; Dale N. Richey, State Director, Farmer's Home Administration, United States Department of Agriculture, in his official capacity, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 12, 1985.


Attorney(s) appearing for the Case

Richard J. Ebbinghouse, Birmingham, Ala., Greg Bass, Legal Services Corp. of Alabama, Selma Regional Office, Demopolis, Ala., Abigail Turner, Legal Services Corp. of Alabama, Mobile, Ala., for plaintiffs-appellants.

John S. Koppel, Robert S. Greenspan, Civ. Div., U.S. Dept. of Justice, Washington, D.C., for defendants-appellees in both cases.

Frank W. Donaldson, U.S. Atty., Frank S. James, III, Asst. U.S. Atty., Birmingham, Ala., for defendants-appellees in No. 84-7225.

Before HENDERSON and HATCHETT, Circuit Judges, and ALLGOOD, District Judge.


HATCHETT, Circuit Judge:

In this appeal we review the district court's rulings on jurisdiction, sovereign immunity, exhaustion of administrative remedies, and the granting of summary judgment for the Farmers Home Administration and against a loan applicant. We remand for further proceedings.

FACTS

Section 515 of the National Housing Act of 1949, 42 U.S.C.A. § 1485(a) (1978, Supp.1984), authorizes the Secretary of Agriculture to "make loans to...

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