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  5. 914 F.2d 1031 (1990)
 

STATE OF N.D. EX REL. BD. OF U. & S. L. v. YEUTTER

Nos. 89-5485, 89-5497.

914 F.2d 1031 (1990)

STATE OF NORTH DAKOTA ex rel. BOARD OF UNIVERSITY AND SCHOOL LANDS, Appellee, v. Clayton K. YEUTTER, U.S. Secretary of Agriculture; Milton Hertz, Administrator of the Agricultural Stabilization and Conservation Service; James M. Davis, Assistant Deputy Administrator of the Agricultural Stabilization and Conservation Service, Appellants. STATE OF NORTH DAKOTA ex rel. BOARD OF UNIVERSITY AND SCHOOL LANDS, Appellee, v. Clayton K. YEUTTER, U.S. Secretary of Agriculture; Milton Hertz, Administrator of the Agricultural Stabilization and Conservation Service; Thomas A. Vongarlem, Assistant Deputy Administrator of the Agricultural Stabilization and Conservation Service, Appellants. STATE OF NORTH DAKOTA ex rel. BOARD OF UNIVERSITY AND SCHOOL LANDS, Appellee/Cross-Appellant, v. Clayton K. YEUTTER, U.S. Secretary of Agriculture; Milton Hertz, Administrator of the Agricultural Stabilization and Conservation Service; James M. Davis, Assistant Deputy Administrator of the Agricultural Stabilization and Conservation Service, Appellants/Cross-Appellees. STATE OF NORTH DAKOTA ex rel. BOARD OF UNIVERSITY AND SCHOOL LANDS, Appellee/Cross-Appellant, v. Clayton K. YEUTTER, U.S. Secretary of Agriculture; Milton Hertz, Administrator of the Agricultural Stabilization and Conservation Service; Thomas A. Vongarlem, Assistant Deputy Administrator of the Agricultural Stabilization and Conservation Service, Appellants/Cross-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 12, 1990.

Rehearing and Rehearing Denied December 11, 1990.

Attorney(s) appearing for the Case

Constance A. Wynn, Washington, D.C., for appellants.

Charles M. Carvell, Bismarck, N.D., for appellee.

Before MAGILL, Circuit Judge, ROSS, Senior Circuit Judge, and LARSON, Senior District Judge.

Rehearing and Rehearing En Banc Denied December 11, 1990.

MAGILL, Circuit Judge.

The Secretary of the United States Department of Agriculture appeals from a district court decision ordering him to promulgate procedural and substantive regulations implementing 16 U.S.C. § 3835(a)(1). This section provides that land may not be enrolled in the Conservation Reserve Program (CRP) if it has changed ownership in the preceding three years, but allows the Secretary...

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