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MOSEANKO v. YEUTTER

Nos. 90-5341, 90-5546.

944 F.2d 418 (1991)

Perry and Mary MOSEANKO and Dennis and Denise Dockter, Appellants, v. Clayton YEUTTER, Secretary of Agriculture; Vance Clark, Administrator of FHA; Milton Hertz, National Administrator of Agricultural Stabilization and Soil Conservation; Ralph W. Leet, State Director of FmHA; William Christmen, State Director of Agriculture Stabilization and Soil Conservation, Appellees. Perry and Mary MOSEANKO, Dennis and Denise Dockter, on behalf of themselves and others similarly situated, Appellants, v. Clayton YEUTTER, Secretary of Agriculture; Vance Clark, Administrator of FHA; Milton Hertz, National Administrator of Agricultural Stabilization and Soil Conservation; Ralph W. Leet, State Director of FmHA; William Christmen, State Director of Agricultural Stabilization and Soil Conservation, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 10, 1991.

Attorney(s) appearing for the Case

Ervin J. Lee and Paul A. Temanson, Minot, S.D., argued (Lowell P. Bottrell, Fargo, N.D., Edward B. Reinhardt, Jr., New Town, N.D., Ervin J. Lee and Paul A. Temanson, Minot, N.D., on the brief) for appellants.

Michael E. Robinson, argued (Stuart M. Gerson, Stephen D. Easton, Robert S. Greenspan and Michael E. Robinson, on the brief), Washington, D.C., for appellees.

Before BOWMAN, Circuit Judge, HEANEY, Senior Circuit Judge, and LARSON, Senior District Judge.

LARSON, Senior District Judge.

This appeal concerns plaintiffs' challenge of the procedures adopted by the Farmers Home Administration (FmHA) in 1986 to offset the farm program payments of farmers whose FmHA loans were delinquent. Two weeks after plaintiffs filed their class action complaint, FmHA instituted a moratorium on the use of the challenged regulations and later issued new regulations which provided many of the procedural...

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