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BROWN v. ARMSTRONG

No. 90-2721.

949 F.2d 1007 (1991)

Walter Steven BROWN; Diane Kay Brown, Appellants, v. Gary C. ARMSTRONG; Robert E. Miller; Richard W. Sharp; Joann M. Muir; Gary Ludington; Chris Beyerhelm, (Defendants Below) United States of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 25, 1991.

Attorney(s) appearing for the Case

Marilyn S. Jensen, Osceola, Iowa, argued, for appellants.

Richard L. Richards, Des Moines, Iowa, argued (Gene W. Shephard and Richard L. Richards, on brief), for appellee.

Before ARNOLD and LOKEN, Circuit Judges, and FLOYD R. GIBSON, Senior Circuit Judge.

LOKEN, Circuit Judge.

Plaintiffs Walter S. and Diane K. Brown appeal a district court1 order substituting the United States as sole defendant in their tort action against six employees of the Farmers Home Administration ("FmHA"), and dismissing the action without prejudice for failure to exhaust administrative remedies under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 2671-2680...

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