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PENNER v. MADIGAN

No. 91-2760.

974 F.2d 993 (1992)

Franz PENNER; Merle Doughty; Howard Pehle; Gary Kesler, Plaintiffs-Appellants, v. Edward MADIGAN, Secretary of the United States Department of Agriculture; Morris Westfall, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 9, 1992.

Attorney(s) appearing for the Case

Dale Reesman, Boonville, Mo., argued, for plaintiffs-appellants.

Alleen Castellani, Kansas City, Mo., argued (Jean Paul Bradshaw II and Alleen S. Castellani, on brief), for defendants-appellees.

Before LOKEN, Circuit Judge, BRIGHT, Senior Circuit Judge, and HANSEN, Circuit Judge.

LOKEN, Circuit Judge.

United States Department of Agriculture (USDA) diversion and deficiency payments to farmers — payments made for not growing certain crops — are calculated by multiplying the number of eligible acres by the "farm program payment yield" per acre. In this action, four Missouri farmers claim that the Secretary of Agriculture and the Missouri State Executive Director of the Agricultural Stabilization and Conservation Service (ASCS),...

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