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HARPER v. FEDERAL LAND BANK OF SPOKANE

Nos. 88-4033, 88-4120.

878 F.2d 1172 (1989)

Myron S. HARPER, Jane Harper, Plaintiffs-Appellees, v. FEDERAL LAND BANK OF SPOKANE, a corporation; Willamette Production Credit Association, a corporation in liquidation; Kenneth P. Krueger, in his capacity as President and Chief Executive Officer of the Federal Land Bank of Spokane, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided June 27, 1989.

Attorney(s) appearing for the Case

Richard A. Edwards, James N. Westwood, Miller, Nash, Wiener, Nash, Wiener, Hager & Carlsen, Portland, Or., John D. Albert, Churchill, Leonard, Brown & Donaldson, Salem, Or., for defendants-appellants.

James T. Massey, Farmers' Legal Action Group, Inc., Sisters, Or., Michael J. Martinis, Webb and Martinis, Salem, Or., for plaintiffs-appellees.

Jocelyn F. Olson, Asst. Atty. Gen., State of Minn., St. Paul, Minn., for amici curiae.

Richard W. Brunette, Jr., Marsha D. Galinsky, Sheppard, Mullin, Richter & Hampton of Los Angeles, Cal., for amicus curiae Western Farm Credit Bank.

Before TANG, SKOPIL and KOZINSKI, Circuit Judges.

SKOPIL, Circuit Judge:

The primary issue on appeal is whether there is an implied private right of action to enforce the Agricultural Credit Act of 1987 ("1987 Act"), 12 U.S.C. §§ 2001-2279aa-14. The district court held that the 1987 Act creates such an action and found that the Federal Land Bank ("FLB") and Willamette Production Credit Association ("WPCA") violated the statute. Harper v. Federal Land Bank of Spokane, 692 F.Supp...

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