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UNITED STATES v. GARNER

No. 83-4531.

767 F.2d 104 (1985)

UNITED STATES of America, Plaintiff-Appellant, v. L.J. GARNER and Tommie N. Garner, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 19, 1985.

Attorney(s) appearing for the Case

Glen H. Davidson, U.S. Atty., Oxford, Miss., Robert S. Greenspan, Susan Sleater, Peter R. Maier, Dept. of Justice, Civ. Div., Washington, D.C., for plaintiff-appellant.

Isaiah Madison, Greenville, Miss., Ben T. Cole, II, Oxford, Miss., for defendants-appellees.

National Housing Law Project, David Madway, Gideon Anders, Berkeley, Cal., for amicus curiae.

Before WISDOM, RANDALL and JOLLY, Circuit Judges.

RANDALL, Circuit Judge:

This case involves the validity of a rule promulgated by the Secretary of Agriculture precluding the Farmers Home Administration from refinancing its own loans. The government brought this action against L.J. and Tommie N. Garner1 for foreclosure and possession of their residential property following their default on a loan obtained from the Farmers Home Administration...

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