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ARCOREN v. PETERS

No. 86-5119.

829 F.2d 671 (1987)

Terry L. ARCOREN, Appellant, v. Wenton PETERS and John Schooler, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 25, 1987.

Attorney(s) appearing for the Case

B.J. Jones, Mission, S.D., for appellant.

James M. Spears, Dept. of Justice, Washington, D.C., for appellees.

Before LAY, Chief Judge, HEANEY, ROSS, McMILLIAN, ARNOLD, JOHN R. GIBSON, FAGG, BOWMAN, WOLLMAN and MAGILL, Circuit Judges, En Banc.

JOHN R. GIBSON, Circuit Judge.

Two Farmers Home Administration (FmHA) officials repossessed and sold Terry Arcoren's cattle, in which FmHA held a security interest, without giving him prior notice or an opportunity to be heard. Arcoren brought a Bivens-style action against the two FmHA officials under the fifth amendment, alleging a due process violation. See Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U...

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