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WESTCOTT v. UNITED STATES DEPT. OF AGRICULTURE

No. 84-2510.

765 F.2d 121 (1985)

Marvin WESTCOTT, Appellant, v. UNITED STATES DEPARTMENT OF AGRICULTURE, John Block, Secretary of Agriculture, Bruce Gustafson, Vinston D. Carlson, and Charles Leff, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 19, 1985.

Attorney(s) appearing for the Case

Michael O. Johanns, Lincoln, Neb., for appellant.

Al J. Daniel, Jr., Dept. of Justice, Washington, D.C., for appellees.

Before ARNOLD, Circuit Judge, PHILLIPS, Senior Circuit Judge, and JOHN R. GIBSON, Circuit Judge.

PER CURIAM.

In this action the plaintiff, Marvin Westcott, who owns and operates two farms in Nuckolls and Phelps Counties, Nebraska, complains that the Department of Agriculture has illegally refused to allow him to combine his farms for purposes of the Payment-In-Kind (PIK) program. He asks for a writ of mandamus commanding the defendants to permit the combination of his farms as one farming unit. He also seeks damages in the amount of $100,000 against the Secretary...

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