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HESTER v. FARMERS HOME ADMIN.

No. S84-0105C (D).

49 B.R. 593 (1985)

Archie Leon HESTER, Jr., individually and as Treasurer of A.L. Hester Farms, Inc.; Barbara Ann Hester, Jr., individually; Jeffrey Kent Hester, individually and as Secretary of A.L. Hester Farms, Inc.; June E. Hester, individually and as President of A.L. Hester Farms, Inc.; and A.L. Hester Farms, Inc., Plaintiffs, v. FARMERS HOME ADMINISTRATION; John O. Foster, individually and as Missouri State Director of Farmers Home Administration; John Harvey, individually and as Chief of Farmer Programs of Missouri Farmers Home Administration; Gareld W. Calfee, individually and as a Farmer Program Specialist attached to the Missouri State Office of Farmers Home Administration; Harry C. Vogt, individually and as District Director for Farmers Home Administration in Ellington, Mo.; and Gerald C. Noland, individually and as a County Supervisor for Farmers Home Administration, Marble Hill, Missouri, Defendants.

United States District Court, E.D. Missouri, Southeastern Division.

April 1, 1985.

Attorney(s) appearing for the Case

Joseph F. Devereux, Jr., Timothy R. Barrett, St. Louis, Mo., Thomas D. Kershaw, Jr., Thomas M. Sheridan, Klamath Falls, Or., for plaintiffs.

Robert L. Purcell, Regional Atty. by Philip B. Green, U.S. Dept. of Agriculture, Kansas City, Mo., Edwin B. Brzezinski, Asst. U.S. Atty., St. Louis, Mo., for defendants.

MEMORANDUM

WANGELIN, District Judge.

This matter is before the Court upon defendants' motion to dismiss pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure and defendants' motion for summary judgment pursuant to Rule 56 of the Federal Rules. This Court's jurisdiction is invoked pursuant to Title 5 U.S.C. §§ 702 and 706 and 28 U.S.C. §§ 1331, 1343, and 1346(a).

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