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McBRIDE v. TAYLOR

No. 90-1528.

924 F.2d 386 (1991)

Patrick F. McBRIDE and Sonya S. McBride, Plaintiffs, Appellees, v. Steven H. TAYLOR and Dwight A. Sewall, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided January 30, 1991.

Attorney(s) appearing for the Case

John F. Daly, Atty., Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., Washington, D.C., Richard S. Cohen, U.S. Atty., Augusta, Me., and Barbara L. Herwig, Atty., Dept. of Justice, Washington, D.C., were on brief, for defendants, appellants.

Anthony P. Shusta, II with whom Corson & Shusta, P.A., Madison, Me., was on brief, for plaintiffs, appellees.

Before BREYER, Chief Judge, BOWNES, Senior Circuit Judge, and ATKINS, Senior District Judge.

ATKINS, Senior District Judge.

This is an interlocutory appeal from the district court's denial of the defendants' motion for summary judgment based on qualified immunity. The defendants, officials with the Farmers Home Administration (hereinafter "FmHA"), sued in their individual capacities, are alleged to have deprived the McBrides, poultry farmers, of an established property interest in violation of the Fifth Amendment to the United States Constitution. Despite...

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