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SMITHSON v. U.S.

No. 87-1459.

847 F.2d 791 (1988)

Howard SMITHSON and Maretta Smithson, Plaintiffs-Appellants, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

May 11, 1988.

Attorney(s) appearing for the Case

Steve Alexander, Arens and Alexander, Fayetteville, Ark., argued for plaintiffs-appellants. With him on the brief was Nancy S. Kettelle, McLean, Va.

Terrence S. Hartman, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for defendant-appellee. With him on the brief were Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director and M. Susan Burnett, Asst. Director. Also on the brief was Daniel Bowen, Dept. of Agriculture, Washington, D.C., of counsel.

Before MARKEY, Chief Judge, DAVIS, Circuit Judge, and BALDWIN, Senior Circuit Judge.

DAVIS, Circuit Judge.

The Smithsons, who had made loan and security agreements with the Farmers Home Administration (FmHA) (an agency of the U.S. Department of Agriculture), brought suit in the United States Claims Court for alleged breach of those agreements. The Government moved for summary judgment primarily on the ground that the undisputed and indisputable facts showed that no such breach had occurred. The Claims Court (Nettesheim, J.) granted the Government...

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